Kanda Swamy vs The State Of Andhra Pradesh
2022 Latest Caselaw 3197 AP

Citation : 2022 Latest Caselaw 3197 AP
Judgement Date : 30 June, 2022

Andhra Pradesh High Court - Amravati

Kanda Swamy vs The State Of Andhra Pradesh on 30 June, 2022

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE NO.: Crl.P.No.4155 of 2022 PROCEEDING SHEET

Sl. OFFICE Date ORDER No. NOTE

2. 30.06.2022 SRS,J

The petitioners before this Court are A1, A13, A14, A15, A16, A18, A21 and A22 in Crime No.85 of 2022 of Pithapuram Rural Police Station registered for the offences punishable under Sections 307, 323, 427 and 354 read with 34 of IPC and Sections 3(1)(r)(s), 3(2)(v) of SC & ST (POA).

In view of Section 15A(3) of Chapter IVA inserted by Act 1 of 2016, which came into effect from 26.01.2016, notice is to be issued to the victim. Section 15A(3) reads thus:

"A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act."

A perusal of the above provision indicates that whenever any proceeding including bail is being taken up notice should be issued to the victim or his dependent by Special Assistant Public Prosecutor ro State Government in view of the language employed in the above Section.

In Hariram Bhambhi v. Satyanaryana and another (2021 SCC Online SC 1010), the Hon'ble Apex Court elaborately dealt with the scope of Section 15A of SC & ST (POA) Act and held that reasonable and timely notice must be issued to the victims or their dependents. The notice be served upon victims or their dependents at the first or earliest possible instance to avoid delay in proceedings.

In view of the above mandate under Section 15A of the SC & ST (POA) Act and the judgment of the Hon'ble Apex Court, this Court feels it appropriate to direct the Police to adhere to the procedure contemplated under Section 15A of the SC & ST (POA) Act.

The Director General of Police, keeping in view the mandate under Section 15A of the SC & ST (POA) Act, is advised to pass necessary instructions to all concerned immediately.

List on 07.07.2022.

_______ SRS, J ikn