Andhra Pradesh High Court – Amravati
Akkala Rami Reddy, vs The State Of Andhra Pradesh, on 30 April, 2025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
*HON'BLE SRI JUSTICE HARINATH.N
+CRIMINAL PETITION No.7114 OF 2022
%30.04.2025
#Between:
Akkala Rami Reddy, S/o.S/o.Venkata Reddy, Hindu, aged about 25
years, Resident of Kothapalem Village, Pittalavanipalem Mandal,
Guntur District and others.
...Petitioners
AND
1. The State of Andhra Pradesh, Rep.by its Public Prosecutor,
High Court of A.P. at Amaravathi and another
...Respondents
Counsel for the Petitioner:
1.Sri. J.V.Phaniduth
Counsel for the Respondent(S):
1. Learned Public Prosecutor
2. Sri. Satheesh Kumar Eerla
The Court made the following:
<Gist:
>Head Note:
? Cases referred:
1. 2016 1 ALD (Cri) 545
2. AIR Online 2024 SC 793
3. 2009 LawSuit (SC) 624
4. (2016) 11 SCC 617
5. 2009 LawSuit (SC) 624
6. (2016) 11 SCC 617
This Court made the following:
//2//
CRLP.No.7114 of 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
*HON'BLE SRI JUSTICE HARINATH.N
+CRIMINAL PETITION No.7114 OF 2022
%30.04.2025
#Between:
Akkala Rami Reddy, S/o.S/o.Venkata Reddy, Hindu, aged about 25
years, Resident of Kothapalem Village, Pittalavanipalem Mandal,
Guntur District and others.
...Petitioners
AND
1. The State of Andhra Pradesh, Rep.by its Public Prosecutor,
High Court of A.P. at Amaravathi and another
...Respondents
DATE OF ORDER PRONOUNCED: 30.04.2025
SUBMITTED FOR APPROVAL:
HON'BLE SRI JUSTICE HARINATH.N
1. Whether Reporters of Local newspapers may
be allowed to see the Judgments? Yes/No
2. Whether the copies of order may be marked
to Law Reporters/Journals? Yes/No
3. Whether Your Lordships wish to see the fair
copy of the order?
Yes/No
____________________
JUSTICE HARINATH.N
//3//
CRLP.No.7114 of 2022
THE HON'BLE SRI JUSTICE HARINATH. N
CRIMINAL PETITION No.7114 OF 2022
ORDER :
1. The petitioners are arraigned as accused in Spl.SC.No.36 of
2021 on the file of IV Additional District and Sessions Judge –
Cum – SC & ST Court, Guntur for the alleged offences under
Sections 3(1)(r), 3(1)(s), 3(2)(va), SC ST (Prevention of
Atrocities) Act, 2015 and Sections 341, 506, 323 read with 34 of
IPC.
2. The learned counsel appearing for the petitioners submits that
the 2nd respondent has filed a complaint on 26.01.2021 before
the T.Sandole Police Station alleging that the petitioner is
residing in Pittalavanipalem Village for the past 11 years along
with his wife Soujanya, son Jadson Paul aged 7 years and
daughter Mahima Paul aged 5 years. It is stated that for the past
10 years he has been conducting Sunday Prayers at the house
of Doma Koti Reddy. About to 20 to 30 people attend the Sunday
Prayers. It is also stated that the petitioner is working as a Pastor
and that he has been conducting Sunday Prayers without
disturbing the peace of the villagers.
//4//
CRLP.No.7114 of 2022
3. It is stated in the complaint that the 2nd respondent received
phone calls from the following numbers 8179892360,
63014362180, 8341686099, 9550315289, 9949681524, in the
month of December, 2020 and that he was abused in the name
of caste over the phone and was also threatened of eliminating
him and that on 03.01.2021 at around 12.00 Noon while the 2 nd
respondent was performing the Sunday Prayer at the house of
Dama Koti Reddy. The 1st accused is alleged to have called out
the petitioner and slapped him and also fisted the petitioner. It is
stated that as the petitioner is a Christian and on account of love
of Jesus the 2nd respondent has pardoned the 1st accused.
4. It is also stated in the complaint that on 24.01.2021 when the 2 nd
respondent after completing Sunday Prayers at the house Doma
Koti Reddy house and returning home, the petitioners along with
25 others had accosted the petitioners and assaulted him, in
such a manner that the injuries would not be visible. The 2 nd
respondent was also threatened of elimination along with his
family and he was abused in the name of his caste. The said
complaint was lodged on 26.01.2021. On the strength of the
complaint the police have registered a case against the
petitioners alleging offences under Sections 3(1)(r, 3(1)(s),
3(2)(va), SC ST POA Act and 341, 506, 323 of IPC.
//5//
CRLP.No.7114 of 2022
5. The police have conducted investigation and also filed a charge
sheet, the same is taken on file as Spl.SC.No.36 of 2021.
CONTENTION OF THE PETITIONERS :
6. The learned counsel appearing for the petitioners submits that
the very registration of FIR alleging offences under the SC ST
Prevention of Atrocities Amendment Act, 2015 is bad in law. It is
submitted that the defacto-complainant in his complaint has
categorically stated that he is working as a Pastor. It is also
stated that he has been conducting Sunday Prayers as a Pastor.
A person converted to Christianity cannot claim to be a member
of Scheduled Caste community.
7. The learned counsel for the petitioners further submits that the
petitioners never indulged in commission of the alleged offences.
It is submitted that after the entry of the 2nd respondent into the
village, the 2nd respondent had spoiled the social fabric in the
village by rousing religious/caste feelings.
8. The learned counsel further submits that the 2nd respondent
cannot claim to be a Scheduled Caste person for invoking the
provisions of the SC, ST (Prevention of Atrocities) Amendment
Act, 2015. It is submitted by the learned counsel for the
petitioners that the Constitution (Scheduled Castes) Order, 1950
//6//
CRLP.No.7114 of 2022
categorically makes it clear that no person who professes
religion different from Hinduism shall be deemed to be a member
of a Scheduled Caste.
9. The learned counsel for the petitioners relied on a judgment in
Chinni Appa Rao and others Vs. State of A.P. and Another1,
the composite High Court of Andhra Pradesh considered a
similar issue where a complaint was filed by a person, who was
converted into Christianity and running Church had filed offences
alleging under the provisions of SC/ST Prevention of Atrocities
Act. The learned Judge had held that the defacto-complaint is
not entitled to the concession of claiming as a member of the
Scheduled Caste for the benefit of the Act. If a person who does
not continue as a Scheduled Caste or Schedule Tribe as on the
date of the alleged offence the protection under SC/ST
Prevention of Atrocities Act cannot be extended.
10. The learned counsel for the petitioners also relied on
C.Selvarani Vs. Special Secretary – Cum – District Collector
and Ors.2, the Hon’ble Supreme Court held at para 16, 17 is as
follows ;
1 2016 1 ALD (Cri) 545
2 AIR Online 2024 SC 793
//7//
CRLP.No.7114 of 2022
“16. We agree with the High Court that, when the
appellant embraced Christianity in 1949, he lost the
membership of the Adi Dravida Hindu caste. The
Christian religion does not recognise any caste
classifications. All Christians are treated as equals
and there is no distinction between one Christian
and another of the type that is recognised between
members of different castes belonging to Hindu
religion. In fact, caste system prevails only amongst
Hindus or possibly in some religions closely allied
to the Hindu religion like Sikhism. Christianity is
prevalent not only in India but almost all over the
world and nowhere does Christianity recognise
caste division. The tenets of Christianity militate
against persons professing Christian faith being
divided or discriminated on the basis of any such
classification as the caste system. It must,
therefore, be held that, when the appellant got
converted to Christianity in 1949, he ceased to
belong to the Adi Dradiva caste.
..17. In this connection, we may take notice of a
decision of the Madras High Court in G.Michael v.
S. Venkateswaran, Additional Secretary to
Government Public (Elections) Department,
Madras [AIR 1952 Mad 474] where that Court held:
“Christianity and Islam are religions
prevalent not only in India but also in other
countries in the world. We know that in other
countries these religions do not recognise a system
of castes as an integral part of their creed or
tenets.”
Attention of that Court was drawn to the fact
that there were several cases in which a member of
one of the lower castes, who had been converted
to Christianity, had continued not only to consider
himself as still being a member of the caste, but
had also been considered so by other members of
the caste who had not been converted. Dealing
with this aspect, the Court held:
“This is somewhat analogous to cases in
which even after conversion certain families and
//8//CRLP.No.7114 of 2022
groups continue to be governed by the law by
which they were governed before they became
converts. But these are all cases of exception and
the general rule is conversion operates as an
expulsion from the caste; in other words, a convert
ceases to have any caste.” In the present case,
therefore, we agree with the finding of the High
Court that the appellant, on conversion to
Christianity, ceased to belong to the Adi Dravida
caste and, consequently, the burden lay on the
appellant to establish that, on his reverting to the
Hindu religion by professing it again, he also
became once again a member of the Adi Dravida
Hindu caste.
15… At this juncture, we may observe that India is
a secular country. Every citizen has a right to
practise and profess a religion of their choice as
guaranteed under Article 25 of the Constitution.
One converts to a different religion, when he/she
is genuinely inspired by its principles, tenets and
spiritual thoughts. However, if the purpose of
conversion is largely to derive the benefits of
reservation but not with any actual belief on the
other religion, the same cannot be permitted, as the
extension of benefits of reservation to people with
such ulterior motive will only defeat the social ethos
of the policy of reservation. In the instant case, the
evidence presented clearly demonstrates that the
appellant professes Christianity and actively
practices the faith by attending church regularly.
Despite the same, she claims to be a Hindu and
seeks for Scheduled Caste community certificate
for the purpose of employment. Such a dual claim
made by her is untenable and she cannot continue
to identify herself as a Hindu after baptism.
Therefore, the conferment of Scheduled caste
communal status to the appellant, who is a
Christian by religion, but claims to be still
embracing Hinduism only for the purpose of
availing reservation in employment, would go
against the very object of reservation and would
amount to fraud on the Constitution.
//9//
CRLP.No.7114 of 2022
11. The learned counsel for the petitioners submits that the case
against the petitioners ought to be quashed as the same is an
abuse of the due process of law. It is submitted that invocation of
the provisions of SC ST (Prevention of Atrocities) Act would not
be available for the defacto-complainant.
CONTENTIONS OF 2nd RESPONDENT :
12. The learned counsel appearing for the 2nd respondent submits
that the police have conducted investigation and filed charge
sheet after recording the statements of as many as 10 witnesses,
apart from, the Medical Officer, Area Hospital, Bapatla who is
examined as LW.11, who treated the injured LW.1 and opined
that the injury sustained by him is simple in nature.
13. The learned counsel for the 2nd respondent further submits that
the listed witnesses would speak about the occurrence of the
incident as narrated by the LW.1. It is also submitted that the 2 nd
respondent cannot be denied the protection under SC, ST
(Prevention of Atrocities) Act as the listed witness No.12, the
Tahsildar of Pittalavanipalem Mandal had confirmed the 2 nd
respondent as belonging to Hindu-Madiga by Caste. As such,
the 2nd respondent is a member of Scheduled Caste community
and the protection under SC, ST (Prevention of Atrocities) Act
//10//CRLP.No.7114 of 2022
cannot be denied. It is also submitted that when there is ample
evidence against the accused and when a prima facie case is
made out against the accused, the matter ought to be left to the
Trial Court to conduct a full-fledged trial for eliciting the facts and
recording of evidence.
14. The learned counsel for the 2nd respondent relied on Kurapati
Maria Das Vs. Dr.Ambedkar Seva Samajan and Ors3, the
Hon’ble Supreme Court dealt with issue that where the High
Court of Andhra Pradesh had relied on the photocopies of the
service records of the appellant wherein it was stated that the
appellant was Christian in the service records and calling for the
files of the Electricity Board where the appellant was working.
The Hon’ble Supreme Court held that it amounted the roving
enquiry into the caste of the appellant which was certainly not
permissible in a writ jurisdiction and also in wake of Section 5 of
the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and
Backward Classes) Regulation of Issue of Community
Certificates Act, 1993. Mohammad Sadique Vs. Dabara Singh
Guru4, the Hon’ble Supreme Court held at 51 is as follows ;
51…. In the case at hand, admittedly the
appellant was born to muslim parents.
3 2009 LawSuit (SC) 624
4 (2016) 11 SCC 617
//11//
CRLP.No.7114 of 2022
However, he has proved that his family
members though followed Islam but they
belonged to “Doom” community. It is settled law
that a person can change his religion and faith
but not the caste, to which he belongs, as caste
has linkage to birth. It is proved on the record
that the appellant was issued a caste certificate
as he was found to be member of ‘Doom’
community by the competent authority, after he
declared that he has embraced Sikhism, and he
was accepted by the Sikh community. It is not
disputed that ‘Doom’ in Punjab is a Scheduled
Caste under Constitution (Scheduled Castes)
Order, 1950. The Scheduled Caste Certificate
No. 6149 dated 25.08.2006 (Exh PG/2) was
issued to the appellant by the competent
authority, and accepted by the returning officer.
Said certificate appears to have not been
cancelled. What is shown on behalf of the
respondent is that vide communication dated
17.11.2008 (Ext. PJ) State authorities informed
and clarified to the Deputy Commissioner that
members following Islam are not entitled to the
certificate of Scheduled Caste, and if issued,
certificates may be cancelled. But the certificate
(PG/2) dated 25.08.2006 already issued in
favour of appellant, is not cancelled, which he
obtained after his conversion to Sikhism. It is
proved on the record that the appellant
embraced Sikh religion on 13.04.2006, and got
published the declaration on 04.01.2007 in the
newspapers Hindustan Times (English)
Exh.RA, and Ajit (Punjabi) Exh RB. Nomination
for election in question was filed by him five
years thereafter. The appellant has further
sufficiently explained that since he was popular
as a singer with the name – ‘Mohammad
Sadique’ as such without changing his name,
he accepted the Sikhism and followed all rites
and traditions of Sikh Religion.
//12//
CRLP.No.7114 of 2022
15. The leaned counsel for the 2nd respondent submits the validity of
the caste certificate issued by the listed witness No.12 is a
question of fact and thus prays for dismissing the petition.
16. Heard the learned counsel for the petitioners and the learned
counsel for the 2nd respondent and also the learned Assistant
Public Prosecutor for the State. Perused the material on record.
CONSIDERATION OF THE COURT :
17. Only a person belonging to Scheduled Caste and Scheduled
Tribe can invoke the provisions of SC, ST (Prevention of
Atrocities) Act. The preamble of the Act also would categorically
state that “An Act to prevent the commission of offences of
atrocities against the members of the Scheduled Castes and the
Scheduled Tribes, to provide for Special Courts for the trial of
such offences and for the relief and rehabilitation of the victims of
such offences and for matters connected therewith or incidental
thereto”.
18. Section 2(c) of the Act reads as follows ;
” Scheduled Castes and Scheduled Tribes’ Shall have the
mean-ings assigned to them respectively under clause
(24) and clause (25) of article 366 of the Constitution”.
19. Section 3 makes it clear that only a member of Scheduled Caste
or Scheduled Tribe can invoke the provisions of the Act. The
//13//
CRLP.No.7114 of 2022
fundamental issue is whether the 2nd respondent who is working
as a Pastor for the last 10 years as on the date of filing of the
complaint can claim to be an a member of Scheduled Caste after
his conversion to Christianity?
20. The listed witness No.1 is the defacto-complainant who
categorically stated that he is working as a Pastor. LW.2 who is
the wife of LW.1 also stated that LW.1 is working as a Pastor.
LW.3 in his statement states that he is working as a Pastor at
Penthe Coasta Church and that in Pittalavanipalem Mandal there
is a Pastors Fellowship and that LW.1 is a Treasurer of the
Pastors Fellowship. It is also stated that LW.1 is working as a
Pastor at Kothapalem Village. LWs.4 and 5 also state that the
LW.1 is working as a Pastor. LWs.6, 7 and 8 in their statements
recorded under Section 161 Cr.P.C., states that they are
residents of Kothapalem Village and lives by doing Agriculture. It
is also stated that they had converted to Christianity about 10
years back and that for performing prayers LW.1 used to come
as a Pastor on the invitation on every Sunday for conducting
prayer meetings. LW.9 in her statement states that she used to
go to Church for Prayers conducted at the house of Doma Koti
Reddy and that the prayers were conducted by LW.1 as a
//14//
CRLP.No.7114 of 2022
Pastor. It is stated that LW.1 used to pick up LW.9 from her
home and after Prayer used to drop her back at her home.
21. As seen from the recitals of the complaint and the statements of
the material witnesses it is amply clear that the 2nd respondent is
working as a Pastor and has been professing Christianity for the
last 10 years as on the date of the complaint.
22. To understand the concept of a Pastor in a Church, the following
aspects of Christianity are to be considered ;
23. We can identify the main “types” of Christians based on historical
records, Church affiliations, and regional influence. An overview
of the types of Christians in Andhra Pradesh is categorized by
major traditions and denominations:
24. Roman Catholics (Latin Rite) were introduced by Portuguese and
later European missionaries, particularly in coastal areas like
Vijayawada and Guntur. The Roman Catholic Church operates
under the Archdiocese of Visakhapatnam and the Archdiocese of
Hyderabad (which historically covered parts of Andhra Pradesh
before Telangana’s separation).
25. The Roman Catholics are distinct from Eastern Catholic
traditions. Catholic churches, schools, and hospitals are
widespread, especially in urban centers.
//15//
CRLP.No.7114 of 2022
26. Saint Thomas Christians (Syrian Christians) Though more
prominent in neighboring Kerala, a small number of Saint
Thomas Christians migrated to Andhra Pradesh over centuries,
particularly in border regions and urban areas like Hyderabad
(pre-Telangana split). These include Syro-Malabar Catholic
Church.
27. Other Syrian Groups: Minor presence of Malankara Orthodox or
Jacobite Syrian Christians, largely among migrant communities.
28. Protestants : Protestantism dominates the Christian landscape in
Andhra Pradesh, introduced by British, American, and German
missionaries from the 18th century onward. This category is
highly diverse, with several denominations:
29. Church of South India (CSI): Formed in 1947 as a union of
Anglican, Methodist, and Presbyterian traditions, CSI is one of
the largest Christian bodies in Andhra Pradesh. Dioceses like the
Diocese of Krishna-Godavari and Diocese of Rayalaseema cover
the state.
30. Baptists: Canadian Baptist Mission Active since the 19th century,
particularly among Telugu-speaking communities in coastal
Andhra (e.g., Ongole, Nellore).
//16//
CRLP.No.7114 of 2022
31. American Baptist Mission: Influential in establishing churches
and schools, with a legacy in rural areas.
32. Lutherans: Andhra Evangelical Lutheran Church (AELC): One
of the most significant Protestant groups in Andhra Pradesh,
established by German and American Lutheran missionaries in
the 19th century. Headquartered in Guntur, it has a large
following among Telugu Christians.
33. Pentecostals: A fast-growing segment, with groups like the
Indian Pentecostal Church of God (IPC) and numerous
independent charismatic churches. Strong in urban areas like
Vijayawada and Visakhapatnam, as well as rural villages in the
coastal regions of Andhra Pradesh.
34. Three broad categories of Christians exist in Andhra Pradesh–
Roman Catholics (Latin Rite), Saint Thomas Christians (Syrian
Christians), and Protestants.
35. In Coastal Andhra there is a strong presence of Christians
following the CSI, Baptists, and Pentecostals. In Rayalaseema
area Christians following CSI and Lutheran churches dominate,
alongside growing Pentecostal groups. In Urban Areas there is a
Greater denominational diversity, including Seventh-day
Adventists and Jehovah’s Witnesses.
//17//
CRLP.No.7114 of 2022
36. The defacto-complainant has been serving as Treasurer of
Pastors Fellowship in Pittalavanipalem Mandal. In order to
become Pastor one has to essentially convert to Christianity.
Evidently the 2nd respondent is a Christian professing
Christianity. Having converted to Christianity, the petitioner
cannot continue to be a member of Scheduled Caste community.
The caste system is alien to Christianity. Having converted to
Christianity and admitting his role as a Pastor in a Church the 2 nd
respondent could not invoke the provisions of the Scheduled
Caste, Scheduled Tribe (Prevention of Atrocities) Act.
37. The SC ST (Prevention of Atrocities) Act is a protective
legislation introduced for preventing atrocities against members
of Scheduled Castes and Scheduled Tribes. In the present case,
the 2nd respondent has misused the Protective Legislation
though he is not entitled to invoke the provisions of the Act. The
2nd respondent had voluntarily converted to Christianity and was
admittedly working as a Pastor in a Church for the last 10 years
as on the date of incident. Thus, the 2 nd respondent cannot be
permitted to invoke the provisions of the Protective Legislation.
38. In so far as the allegations of commission of offences under
Sections 341, 506 and 323 read with 34 of IPC is concerned
//18//
CRLP.No.7114 of 2022
except for the statement of LW.1 there is no other corroborating
statement of any of the witnesses. On the contrary LW.2 the wife
of LW.1 would state that she came to know about the alleged
altercation and that by the time she went there LW.1 had already
started in a car with one Pothurlanka Srinivasa Rao-LW.4 in the
car belonging to LW.3 – Addepalli Anil Kumar. She also stated
that Anil Kumar and Pothurlanka Srinivasa Rao had dropped
LW.1 at her house. Both LWs.3 and 4 state that there was an
altercation and that about 30 people were questioning LW.1
about his activities in the village and that LWs.3 and 4 intervened
and pacified the situation and thereafter dropped LW.1. LWs.3
and 4 state that about 30 people have assembled and
questioned LW.1; however, LW.5 to LW.9 do not state so in their
statement.
39. The judgment referred to by the learned counsel for petitioner
are applicable to the facts of this case. The judgments relied
upon by the learned counsel for the 2nd respondent would not be
applicable as the Hon’ble Supreme Court in Kurapati Maria Das
Vs. Dr.Ambedkar Seva Samajan and Ors5, as per the facts of
that case there was a serious dispute with regard to conversion
into Christianity. The appellant therein denied converting into
5 2009 LawSuit (SC) 624
//19//
CRLP.No.7114 of 2022
Christianity, as such, it was considered as a question of fact
which the High Court could not have gone into. On the facts of
this case, there is no dispute about the faith in Christianity by the
2nd respondent. Thus, the said judgment would not be helpful to
the case of the 2nd respondent. In Mohammad Sadique Vs.
Dabara Singh Guru6, the Hon’ble Supreme Court has also
observed at para 52 of the Judgment ” …it is not essential for
anyone to change one’s name after embracing a different faith.
However, such change in name can be a corroborating fact
regarding conversion or reconversion into a religion/faith in
appropriate cases…” On the facts of this case, there is no issue
of change of name after converting into Christianity by the 2 nd
respondent. However, he has named his son as Jadson Paul
aged 7 years and daughter as Mahima Paul aged 5 years. These
children are born to him after he converted into Christianity and
as such has named his children with names which have Christian
affinity.
40. Considering all this, this is a case where the 2nd respondent has
misused the SC ST (Prevention of Atrocities) Act and filed a false
complaint. The argument of the learned counsel for the 2 nd
respondent that the 2nd respondent continues to hold SC
6 (2016) 11 SCC 617
//20//
CRLP.No.7114 of 2022
Certificate issued by LW.12 is concerned, the same is a matter to
be dealt under Section 5 of the Andhra Pradesh (Scheduled
Castes, Scheduled Tribes and Backward Classes) Regulation of
Issue of Community Certificates Act, 1993 by the appropriate
authority under the Act. Mere non-cancellation of the caste
certificate by the authority to a person who has converted into
Christianity cannot instill the protection granted under the
Protective Legislation. The 2nd respondent has ceased to be a
Member of the Scheduled Caste Community, the day he had
converted into Christianity.
41. On these grounds, this Court is of the considered view that the
registration of crime under the provisions of SC ST (Prevention
of Atrocities) Act is illegal. It is also held that filing of charge
sheet inspite of the categorical statements of the listed witnesses
specifically stating that the 2nd respondent is working as a Pastor
for the last 10 years, the police could not have laid a charge
sheet charging the petitioners for alleged offence under Sections
3(1)(r), 3(1)(s), 3(2)(va), SC ST (Prevention of Atrocities) Act.
Similarly, except for the listed witness Nos.1 and 3 no other
witness speak about the altercation involving 30 people. Even
the charge sheet does not state that 30 people had participated
in the altercation. The only person accompanying LW.1 at the
//21//
CRLP.No.7114 of 2022
time of the alleged altercation was LW.9, she does not state
about the alleged presence of the 30 people. All that she says in
her statement recorded on 27.01.2021 i.e., one day after the
date of filing of complaint. LW.9 stated that, she was the pillion
rider of the two wheeler which was driven by LW.1, when LW.1
and LW.9 reached cross roads of Kothapalem Village some
people came and stopped the two wheeler stating that they
wanted to talk with the Pastor and that LW.9 was dropped off at
her house on another bike. It is also stated by LW.9 she after
reaching her home, she overheard people shouting. Later she
came to know that Reddy’s of Kothapalem village have
threatened LW.1 not to perform Sunday Prayers in the village.
With these allegations, the requirements under Sections 341,
506, 323 read with 34 of IPC cannot be made out even after full-
fledged trial. This Court is of the considered view that a false
complaint is filed and no purpose would be served if the
petitioners are relegated to the trial Court and to undergo the
rigmarole of trial.
42. Accordingly criminal petition is allowed and Spl.SC.No.36 of
2021 on the file of IV Additional District and Sessions Judge –
Cum – SC, ST Court, Guntur is hereby quashed. During the
pendency of the present case Accused No.5 passed away.
//22//
CRLP.No.7114 of 2022
Pending miscellaneous petitions, if any, shall stands closed.
____________________
JUSTICE HARINATH.N
Dated 30.04.2025
LR copy to be marked
B/o.KGM
//23//
CRLP.No.7114 of 2022
THE HON’BLE SRI JUSTICE HARINATH. N
CRIMINAL PETITION No.7114 OF 2022
Dated 30.04.2025
KGM
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