Criminal Petition No. 2817 of 2013. Case: M.M.A. Baig and Ors. Vs The State of Andhra Pradesh and Ors.. High Court of Andhra Pradesh (India)
| Case Number | Criminal Petition No. 2817 of 2013 |
| Counsel | For Appellant: Sarosh Bastawala, Adv. and For Respondents: Public Prosecutor |
| Judges | U. Durga Prasad Rao, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 482; Constitution of India - Articles 341, 342, 366; Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2(c), 3, 3(1)(x) |
| Judgement Date | June 03, 2015 |
| Court | High Court of Andhra Pradesh (India) |
Order:
U. Durga Prasad Rao, J.
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In this petition filed under Section 482 Cr.P.C., the petitioners/A1 to A.5 seek to quash the proceedings in S.C. No. 27 of 2012 on the file of VI Additional Metropolitan Sessions Judge at Secunderabad.
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On the Complaint dated 26.10.2011 given by the de facto complainant A. Krishna Veni, the Police of Nampally Police Station registered a case in Cr. No. 210 of 2011 and after investigation laid charge sheet against the petitioners/Accused Nos. 1 to 5 for the offence under Section 3(1)(x) of SCs & STs(Prevention of Atrocities) Act, 1989 (for short the Act).
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The brief allegations in the charge sheet are that the complaints family and the accused are residing opposite to each other in Red Hills, Hyderabad. The Complainant is a bank employee. She along with her husband Chandra Kumar and children i.e., three daughters and son are residing in H. No. 11-5-518 and they belong to Mala (SC) Community. The complainant and her husband are the owners of their house and extended their house by 10 x 10 feet by raising a room. The extended site belongs to A.P. State Housing Board and it is not a part of the passage. Accused Nos. 1 to 3 are the sons and A.5 is the daughter of A.4. The accused raised foot steps in front of their house causing hindrance to the passage of vehicles. In addition to it, Accused Nos. 1 to 3 used to park their vehicles near foot steps further shrinking the passage. A.1 to A.5 felt jealousy on the complainant for acquiring 10 x 10 feet site from the Housing Board. Every now and then A.1 to A.3 used to abuse the complainant and her family members in the name of their caste. The text of the abuses is mentioned in the charge sheet. Further, the accused used to throw their garbage in the house of the complainant. The first accused filed petitions making false allegations before various departments like Municipality, Revenue and Police and thereby the officials of various departments used to visit the house of complainant for enquiry. The complainant is a heart patient and her husband is a diabetic patient. On 25.10.2011 some Municipality officials came to her house and enquired about the petitions given by the first accused reporting as if the complainant made illegal constructions. On 26.10.2011 at about 1100 hours, Revenue Inspector came to the house of complainant and enquired about the constructions. In the mean while, A.1 to A.3 took some photographs and threatened them that they would demolish the house of the complainant. Due to which, the husband of the complainant, who is a diabetic patient, collapsed with tension. Hence, the charge sheet.
4a. Denying the allegations as false and motivated, the learned counsel for petitioners firstly argued that the accused are the owners of the residential premises in Red Hills and they and their family members have been conducting relentless campaign since past few years for the removal of number of unauthorized encroachments made on the public road on the rear side of their premises by the complainant and some others. The complainant is concerned, she encroached 15 square meters of the Government road and made constructions and in this regard, the Collector in his Letter L.R. No. C/6P/2010, dated 20.02.2010, ordered and directed the Zonal Commissioner (GHMC) and the Tahsildar, Nampally, to clear the encroachments on the public road and thereafter Tahsildar, Nampally addressed the Zonal Commissioner of G.H.M.C. on 3.03.2010 to make necessary arrangement for removal of the illegal encroachments. The Tahsildar of...
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