PUJARI CHANDRA SHEKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This revision case is filed under Ss. 397 and 401 of the Code of Criminal Procedure (for short, 'CrPC') challenging the propriety of the order dtd. 30/8/2023 in Crl.M.P.No.385 of 2022 on the file of the Judicial Magistrate of First Class at Manuguru in Crime No.198 of 2020 of Manuguru Police Station, Bhadradri Kothagudem District whereby the petition for discharge the revision petitioner/accused Nos.1 to 11 has been dismissed..

(2.) I have heard Mr. C. Sharan Reddy, learned counsel for the petitioners and Mr. S. Ganesh, learned Assistant Public Prosecutor for the respondent-State.

(3.) The prosecution case in brief is that on the police report of respondent No.2, a crime was registered for the offences under Ss. 498-A, 323, 506 r/w 34 of Indian Penal Code, 1860 (for short, 'the IPC') and after due investigation the police filed charge sheet for the offences under Ss. 498-A, 323, 506 r/w 34 of the IPC and Sec. 4 of the Dowry Prohibition Act (for short, 'the DP Act'). Thereupon, the respondent No.2/de facto complainant had filed protest petition under Sec. 90 r/w 190 (1)(b) of CrPC contending that the petitioners have committed offence under Sec. 3(1)(s) and 3(2)(v)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC & ST (POA) Act). The learned Magistrate on considering the statements and materials concluded that the offence under Sec. 3(1)(s) and 3(2)(v)(va) of the SC/ST (POA) Act has been made out. The learned Magistrate by recording that the Court has no jurisdiction to take cognizance for the offence under SC/ST (POA) Act directed to send the entire case bundle to the Special Court. Aggrieved by that order, the present revision case has been filed.