THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1498 of 2009 (DATED:11-09-2009) Between: Eleti Santhosh Reddy S/o Eleti Ram Reddy and another …Petitioners A n d The State of A.P., rep. by Its Public Prosecutor, High Court of A.P., Hyderabad …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1498 of 2009 ORDER: This revision is directed against the order dated 27.8.2009 passed in P.R.C.No.25 of 2009 on the file of the Judicial First Class Magistrate, Yellareddy, Nizamabad District, directing the police to file a separate charge sheet against A-2 and A-3 for the offence under Section 323 IPC. 2. The facts of the case leading to filing of this revision by A-2 and A-3 in P.R.C.No.25 of 2009, in brief, are: On 27.3.2009 at about 10.30 pm., a report came to be presented by one Ramparthy Sangaiah before the Station House Officer, Lingampet P.S., alleging inter alia that on 27.3.2009 at about 9 am, he went to the outskirts of Mothe village by taking goats for grazing and after grazing the goats, he was returning home at about 6 pm, and on the way some of the goats trespassed into the agricultural land of one Eleti Ramreddy, who is the husband of the Sarpanch of Mothe village. Thereupon, the said Eleti Ramreddy got enraged, caught hold of his hand and abused him in filthy language naming his caste. It is further averred in the report that the said Eleti Ramreddy pushed him on the ground and beat the goats with stones. In the meanwhile, one B. Rajender S/o Sayanna questioned Eleti Ramreddy for his beating the goats. Then, the sons of Eleti Ramreddy, namely, Eleti Santhosh Reddy (A- 2) and Eleti Janardhan Reddy (A-3) attacked the said Rajender and beat him with hands. It is also alleged that they beat one Shivaiah and the mother of the Rajender when they intervened and thereby caused injuries to mother of Rajender. The mother of Rajender was shifted to the hospital on “108” Ambulance. 3. Basing on the report, a case in Crime No.61 of 2009 under Section 323 IPC and Section 3(i)(x) of SC/ST (POA) Act, 1989 came to be registered by the S.H.O., Lingampally P.S., and after due investigation, a charge sheet came to be submitted by the Sub Divisional Police Officer, Armoor. 4. The learned Magistrate took the charge sheet on file against A-1 for the offence under Section 323 IPC and Section 3(1)(x) of S.C/ST (P.O.A) Act, 1989 while directing the police to file a separate charge sheet against A-2 and A-3 for the offence under Section 323 IPC, by docket order dated 27.8.2009. The order passed by the learned Magistrate on 27.8.2009 directing the police to file a separate charge sheet against A-2 and A-3 is under challenge in this revision. 5. Heard learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent-State. 6. With the consent of the counsel appearing for the parties, the revision is taken up for final disposal at the admission stage. 7. Indisputably, the police filed charge sheet after due investigation of the case. It is stated in the charge sheet that the investigation makes out a case against A-1 for the offence under Section 323 IPC and Section 3(1)(x) of S.C/ST (POA) Act, 1989, whereas the case made out against A-2 and A-3 come within the purview of the offence under Section 323 IPC. Such is the averment in the charge sheet, directing the police to file a separate charge sheet is wholly unwarranted. Accordingly, the order passed by the learned Magistrate directing the police to file a separate charge sheet against A-2 and A-3 is hereby set aside. The learned Magistrate is directed to consider the charge sheet allegations afresh along with the material placed before him and pass appropriate orders afresh. 8. The Criminal Revision Case is accordingly allowed at the stage of admission. _____________________________ B.SESHASAYANA REDDY, J 11th September 2009 Note:- Issue CC in three days (B/o) RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1498 of 2009 DATED : 11-09-2009