Peruri Veera Venkata Naga Prasad vs The State Of Andhra Pradesh
2023 Latest Caselaw 4299 AP

    IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
                                     &
          HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO

                     WRIT APPEAL No.902 of 2023

Between:
Peruri Veera Venkata Naga Prasad,
S/o.Rama Rao, Age 38 years, Occ: Cultivation,
R/o. #4-254, Maruthi Nagar, Veerapunayunipalli Village,
Post & Mandal, Kadapa District,
Andhra Pradesh-516 321.
                                                              ...Appellant
                                  Versus

The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Home Department,
Secretariat, Velagapudi,
Amaravati,
Andhra Pradesh and 9 others.                              ...Respondents

Counsel for the Appellant : Smt. Priyanka Sonkamble

Counsel for respondent Nos.1 to 6 : Government Pleader for Home Counsel for respondent No.7 : Government Pleader for Revenue Counsel for respondent Nos. 8 & 9 : Mr. Peta Gnana Teja

Counsel for respondent No.10 : Mr. Harinath Reddy Soma ORAL JUDGMENT Dt:15.09.2023 (per Hon'ble Sri Justice R.Raghunandan Rao)

Heard Smt. Priyanka Sonkamble, learned counsel for the

Appellant and the learned Government Pleader for Home.

HCJ&RRR,J W.A. No.902 of 2023

2. The appellant herein is an accused in Crime No.33 of 2022,

which was numbered as Special S.C.No.39 of 2022 on the file of the

Special Sessions Court of Trial of Cases under SCs & STs (POA) Act-

cum-IV Additional District Judge, Kadapa for offences under

Sections 506 and 509 of I.P.C r/w Sections 3(1)(r), 3(1)(s) of the

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,

1989.

3. The petitioner had approached this Court, by way of

W.P.No.25758 of 2022, for a Writ of Certiorari, quashing the said

criminal case against the appellant herein.

4. The case of the appellant is that he was implicated in the case

because of his complaint against the Sub-Inspector of the 6th

respondent- Police Station. The appellant contends that he had seen

the Sub-Inspector of police deliberately run his car over the rider of

a two-wheeler and had given a complaint in this regard. However, it

was not taken up at all. Subsequently, the appellant was falsely

implicated in the above case and as such, the case ought to be

quashed.

5. The appellant also took the ground that the de facto

complainant belongs to a community, which is not a scheduled caste

or Schedules Tribe community, and as such the case would have to

be quashed against the appellant, in relation to the provisions of the

HCJ&RRR,J W.A. No.902 of 2023

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,

1989.

6. The respondents had filed a counter affidavit stating that the

allegations against the appellant was that he had abused the de

facto complainant and her husband who belongs to a Scheduled

Caste Community and as such, the provisions of the Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

would be applicable. It was further contended that a charge sheet

has already been filed, after proper investigation into the incident,

and the same has been taken cognizance by the appropriate trial

Court.

7. The learned Single Judge after considering the rival

submissions had held that the contention raised by the appellant

relates to disputed questions of fact which can only be determined

during the course of the trial and the High Court would not be in a

position to conduct an enquiry in this regard. On this basis, the

learned Single Judge had dismissed the Writ Petition.

8. Aggrieved by the said order, the appellant has preferred this

appeal.

9. As pointed out by the learned Single Judge, the issues raised

by the appellant are questions of fact and the same cannot be gone

HCJ&RRR,J W.A. No.902 of 2023

into by this Court exercising jurisdiction under Article 226 of the

Constitution of India.

10. We are in agreement with the view taken by the learned Single

Judge and do not find any reason to interfere.

11. Accordingly, this Writ Appeal is dismissed. There shall be no

order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J

RJS

HCJ&RRR,J W.A. No.902 of 2023

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO

WRIT APPEAL No.902 of 2023

(per Hon'ble Sri Justice R. Raghunandan Rao)

Dt:15.09.2023

RJS