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2021 DAILYLAW 1092 (AP)

Kandregula Badri Boga Lingeswararao v. State of Andhra Pradesh

CRLRC/272/2021 · 2026-07-19

Y Lakshmana Rao

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Dr.YLR, J Crl.R.C.No.272 of 2021 Dated 20.07.2026 APHC010103892021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 272/2021 Between: 1. KANDREGULA BADRI BOGA LINGESWARARAO, S/O.LATE MAHALAKSHMI NAIDU AGED55 YEARS, OCC. PRINCIPAL, MAHATMA JYOTHIBA PHULE ANDHRA PRADESH BACKWARD CLASSES WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (MJPAPBCWREIS) SCHOOL/COLLEGE , VISAKHAPATNAM. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY REP.BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. VENKATA SRINU NALAMATI MARA, S/O. TATARAO AGED 32 YEARS, OCC MULTIPURPOSE WORKER MAHATMA JYOTHIBA PHULE ANDHRA PRADESH BACKWARD CLASSES WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (MJPAPBCWREIS) SCHOOL/COLLEGE SIMHACHALEM, VISAKHAPATNAM ...RESPONDENT(S): 2 Dr.YLR, J Crl.R.C.No.272 of 2021 Dated 20.07.2026 Counsel for the Petitioner: 1. S LAKSHMINARAYANA REDDY Counsel for the Respondent(S): 1. KODURU BUJJI BABU 2. PUBLIC PROSECUTOR (AP) 3. LEGAL AID The Court made the following: ORDER: Heard Sri S. Lakshminarayana Reddy, learned Counsel for the Petitioner, Sri K. Bujji Babu, learned Legal Aid Counsel for Respondent No.2, and the learned Assistant Public Prosecutor. 2. Sri K. Bujji Babu, learned Legal Aid Counsel for Respondent No.2, submits that apart from Respondent No.2, there is another victim by name Murali, who belongs to the Scheduled Tribe community. Though the caste certificate issued in favour of Respondent No.2 was cancelled by the District Collector by proceedings dated 30.11.2023, the caste certificate issued in favour of the said Murali is still under enquiry. It is further submitted that Murali has not been impleaded as Respondent No.3 in the present revision. 3. On the other hand, Sri S. Lakshminarayana Reddy, learned Counsel for the Petitioner, fairly submits that the case before the learned Trial Court has already progressed beyond the stage of cognizance and charges have been 3 Dr.YLR, J Crl.R.C.No.272 of 2021 Dated 20.07.2026 framed. He submits that once charges have been framed, a petition seeking discharge is no longer maintainable. He further submits that the present revision challenges the order dated 29.09.2020, whereby the learned Trial Court took cognizance of the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, ‘the SC and ST (PoA) Act’). Since the passing of the said order, the proceedings have substantially progressed, charges have been framed, and the case is now posted for trial. 4. This Court finds merit in the submission that considerable progress has been made in the proceedings after the impugned order. The Petitioner has not challenged the order framing charges. Therefore, setting aside the order dated 29.09.2020, by which cognizance was taken, would serve no useful purpose at this stage, particularly when the trial has already commenced. 5. However, it is brought to the notice of this Court that an enquiry is pending with regard to the caste certificate issued in favour of the other victim, namely Murali. If any proceedings are issued by the District Collector pursuant to the said enquiry, the Petitioner shall be at liberty to work out his remedies in accordance with law. 6. Accordingly, the Criminal Revision Case is disposed of granting liberty to the Petitioner to file an appropriate application either before this Court or before the learned Trial Court, if circumstances so warrant, after the District 4 Dr.YLR, J Crl.R.C.No.272 of 2021 Dated 20.07.2026 Collector passes appropriate proceedings concerning the caste certificate issued in favour of the other victim. 7. In the result, the Criminal Revision Case is disposed of. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 20.07.2026 KMS 5 Dr.YLR, J Crl.R.C.No.272 of 2021 Dated 20.07.2026 114 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 272 of 2019 Date: 20.07.2026 KMS