Andhra Pradesh High Court - Amravati
Neelam Siva Sankar, vs The State Of Andhra Pradesh, on 12 September, 2023
Bench: K Suresh Reddy
THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL REVISION CASE No. 654 OF 2023
JUDGMENT:
Questioning the order dated 04-04-2023 in Criminal M.P.No.
42 of 2023 in S.C.No. 177 of 2019 passed by learned Sessions
Judge, Mahila Court, Vijayawada (for short, 'the Court below'),
whereby the miscellaneous petition filed by the petitioners-accused
Nos. 1 and 2 under Section 227 Cr.P.C. seeking to discharge them
from the abovementioned sessions case is dismissed, the present
revision is filed before this Court.
2. Heard Sri Mohammed Shafi, learned counsel appearing for
the petitioners-accused Nos. 1 and 2, and learned Special Assistant
Public Prosecutor appearing for the respondent-State.
3. The petitioners are accused in crime No. 208 of 2012 of
Nunna Police Station, Vijayawada City. After completion of
investigation, the police filed charge sheet against the petitioners
for the offences punishable under Sections 366, 342, 506 and 109
IPC and Section 3 (x) (xi) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short,
'1989 Act'), before the committal Court. After committal of case to
Sessions Division, the case was numbered as S.C.No. 57 of 2015
on the file of the Court of learned Special Judge for Trial of Cases
under SCs and STs (POA) Act - cum - Additional Metropolitan
Sessions Judge, Vijayawada. While so, petitioner No. 1-accused
No. 1 filed Criminal M.P.No. 204 of 2019 in S.C.No. 57 of 2015
seeking to discharge him for the offence punishable under Section
3 (x) (xi) of 1989 Act. After hearing both sides, by order dated
25-07-2019, learned Special Judge allowed the miscellaneous
petition and discharged petitioner No. 1-accused No. 1 for the
offence punishable under Section 3 (x) (xi) of 1989 Act.
Thereafter, the sessions case was transmitted to the Court below
and the same was renumbered as S.C.No. 177 of 2019. During
pendency of the sessions case, once again the petitioners-accused
Nos. 1 and 2 filed discharge petition seeking to discharge them
from the sessions case. After hearing both sides, the Court below
dismissed the discharge petition filed by the petitioners-accused
Nos. 1 and 2 on merits by the order under revision.
4. This Court perused the entire material available on record. It
is settled legal position that after framing charges, the trial Court
has got no power to discharge the accused. In the case on hand,
charges were framed on 21-11-2022 whereas the petitioners-
accused Nos. 1 and 2 filed discharge petition on 23-01-2023.
Therefore, in view of the settled legal position, the discharge
petition filed by the petitioners-accused Nos. 1 and 2 is not
maintainable and the Court below ought to have dismissed the
discharge petition as infructuous instead of dismissing the same on
merits. Further, as seen from the charges framed by the Court
below, the last charge framed against the petitioners-accused Nos.
1 and 2 is for the offence punishable under Section 3 (x) (xi) of
1989 Act. It is therefore apparent that the Court below while
framing charges did not take into consideration the order dated
25-07-2019 in Criminal M.P.No. 204 of 2019 passed by learned
Special Judge, whereby accused No. 1 was discharged for the
offence punishable under Section 3 (x) (xi) of 1989 Act.
5. In the light of the above, the Court below is directed to
reconsider the last charge framed on 21-11-2022 keeping in view
the order dated 25-07-2019 in Criminal M.P.No. 204 of 2019
passed by learned Special Judge.
6. With the above direction, the criminal revision case is
dismissed. Pending miscellaneous applications, if any, shall stand
dismissed in consequence.
_____________________
Date: 12-09-2023, JUSTICE K.SURESH REDDY
JSK
THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL REVISION CASE No. 654 OF 2023
DATE: 12TH SEPTEMBER, 2023
JSK
