The single judge bench of the Andhra Pradesh High Court held that the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by the Amendment Act of 2015 provided for payment of compensation to victims of offences under this Act. However, such payment can be made only to persons who are specifically enumerated in the complaint and charge sheet.
Brief facts
The factual matrix of the case is that the petitioners are the members of schedule caste community and they have approached the present court contending that they are the victims of the case in which the charge sheet was filed before the session judge and the Respondent no. 3 refused to pay the compensation as per Social Welfare (CV.POA) Department. The counter affidavit was filed by the Respondent in which it was held that payment of compensation, was rejected on the ground that the names of the petitioners were not found either in the FIR or in the charge sheet and as such, the petitioners would not be entitled to payment of any compensation.
Contentions of the Petitioner
The Petitioner submitted that the FIR contains names of 26 persons and also stated others. It was furthermore submitted thar the Petitioner falls in the other category.
Observations of the court
The Hon’ble Court observed that the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by the Amendment Act of 2015 provided for payment of compensation to victims of offences under this Act. However, such payment can be made only to persons who are specifically enumerated in the complaint and charge sheet.
The court noted that in the instant case, the names of the Petitioners are not included in the charge sheet.
The decision of the court
Based on these considerations, the court closed the case.
Case Title: Smt. M. Suseelamma V. K. Harshavardhan
Coram: Hon’ble Mr. Justice R Raghunandan Rao
Case No.: CONTEMPT CASE No.2858 of 2023
Advocate for the Petitioner: Sri D. Krishna Murthy
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