1 APHC010133862021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2224/2021 Between: 1. MEKALABHANUMURTHY,, , S/O. ISSACK, AGED ABOUT 30 YEARS, RESIDENT OF D.NO.6-101, SHAKTHI NAGAR, IBRAHIMPATNAMMANDAL, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. STATE SHO, IBRAHIMPATRIAM POLICE STATION, IBRAHIMPATNAM, KRISHNA DISTRICT. REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI. 2. MALLELASRINIVASACHOWDARY, S/O PADMANABHARAO, AGED ABOUT 51 YEARS, R/O IBRAHIMPATNAM, NEARPANCHAYATH OFFICE, IBRAHIMPATNAMMANDAL, KRISHNA DISTRICT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to direct the Hon'ble III Additional district and sessions judge for SPE and ACB cases cum special court for trial of offences under SC andST(P0A) Act, 1989 to take cognizance of complaint C.F.No.272/2021 returned on 22-03-2021 filed under sections 190 and 200 CR.P.0 without insisting for caste certificate of 2nd respondent and pass Counsel for the Petitioner/accused: 2 1. PILLIX LAW FIRM Counsel for the Respondent/complainant(S): 1. CHALLA AJAY KUMAR 2. PUBLIC PROSECUTOR (AP) 3 The Court made the following Oral Order: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner, seeking a direction to the learned III Additional District and Sessions Judge for SPE & ACB cases-cum- Special Court for Trial of Offences under SC & ST(PoA) Act, 1989 to take cognizance of complaint C.F.No.272/2021 returned on 22.03.2021 filed under Sections 190 & 200 Cr.P.C. without insisting for caste certificate of 2nd respondent. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.2. 3. As can be seen from the impugned order, the private complaint which is filed before the trial Court is returned for the reason that the caste of the accused is not known and since the complaint would show the offences under the provisions of SC & ST (PoA) Act, it is not possible for the Court to take any decision over the matter. 4. During the course of hearing across the bench, it is informed that respondent No.2, who is the accused, does not belong to SC & ST. 5. Considering the submissions, it is apposite to dispose of the present criminal petition directing the learned Special Judge to take appropriate decision over the private complaint moved before the Court, according to law. 6. Accordingly, the Criminal Petition is disposed of. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.07.2025 JLV 5 169 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition NO: 2224 OF 2021 Date: 24.07.2025 JLV