KAPU CHINNAMALLAIAH KRISHNA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Court made the following order:-1. Instant criminal petition has been preferred under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Sec. 482 of Code of Criminal Procedure, 1973), for quashing of Crime being No.103 of 2024 of Dharmavaram I Town Police Station, Sri Sathya Sai District, registered for offences punishable under Ss. 302, 201, 120-B read with Sec. 149 of Indian Penal Code, 1860 (for short, "I.P.C. "), and Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "SC/ST (POA) Act ").

(2.) Second respondent lodged a written complaint with the police, contending inter alia that he is a driver by profession. He has two sons, namely, Birru Rajesh and Birru Sampath Kumar (younger sondeceased). Birru Sampath Kumar completed his LL.B. degree and was practising as an Advocate at Hindupur Court. He was working as National Secretary of National Students ' Union of India (NSUI) and was in charge of Kerala State NSUI wing.

(3.) It is further contended therein, Birru Sampath Kumar (deceased) and D.A. Srikanth are residents of Hindupur and are good friends. It was alleged that there were disputes between petitioner (A.1) and his family members with D.A.Srikanth in respect of land situated at Melapuram Cross, Hindupur. Birru Sampath Kumar (deceased) supported his friend D.A. Srikanth in the said dispute. It was also alleged that some false complaints were foisted by petitioner against Birru Sampath Kumar and D.A. Srikanth. It was further alleged that the deceased was threatened over phone by one Ramanji @ Settlement Ramanji (A.4) and others. On 29/5/2024 at about 10.00 a.m., the deceased informed complainant that he was going to Court. On 30/5/2024 at about 9.00 a.m., friends of Birru Sampath Kumar informed complainant that his son was found dead on Dharmavaram - Ellutla Road. Upon coming to know the said information, complainant went to spot and saw dead body lying in thorny bushes near Dharmavaram irrigation tank, II Water Flow Point.