Complaint Lodged Maliciously As A Counter Blast: Telangana HC Quashes FIR Against Junior Civil Judges Under SC/ST Act

The Telangana High Court has quashed an FIR against Junior Civil Judges being accused under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).

The Court was deciding a Writ Petition preferred by the Junior Civil Judges seeking quashing of the FIR registered against them.

A Division Bench comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao remarked, “It is pertinent to mention that respondent No.5 has lodged a complaint against the petitioners on 09.10.2015, subsequent to the report submitted by the Director, Andhra Pradesh Judicial Academy, Secunderabad, to the Registrar (Vigilance) basing upon the information/complaint of the petitioners and after conducting enquiry against respondent No.5 and Mr.S.Kalyan Chakravarthy. It clearly shows that respondent No.5 lodged a complaint against the petitioners maliciously as a counter blast and the same is clear abuse of process of law and the principle laid down in State of Haryana (supra) is squarely applicable to the present case.”

Advocate N. Naveen Kumar appeared on behalf of the Petitioners while Special Government Pleader (SGP) Pottigari Sridhar Reddy appeared on behalf of the Respondents.

In this case, the Petitioners were selected as Junior Civil Judges in 2013 and were sent for training in the Judicial Academy at Secunderabad and Bangalore along with others pursuant to the proceedings issued by the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh. Accordingly, the Petitioners underwent training in the Judicial Academy in 2015. It was alleged that during the training at Karnataka Judicial Academy, the Respondent misbehaved with the Petitioners due to happening of certain incidents in the room.

Immediately, the Petitioners informed the same to the Assistant Director and Administrative Officer of the Andhra Pradesh Judicial Academy and submitted a written report to the Director, Judicial Academy, narrating the entire incident that happened. The said Complaint was forwarded to the erstwhile High Court. The Petitioners came to know that the Respondent had lodged a Complaint against them and based on this, an FIR was registered under Section 3(1)(x) of SC/ST Act. Therefore, the Petitioners approached the High Court.

The High Court in the above context of the case, observed, “… the Government of Andhra Pradesh after examining the matter, accepted the recommendation of the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, issued G.O.Ms.No.106, Home (Courts.A) Department, dated 21.06.2017, and imposed punishment of removal from service against respondent No.5 and Sri S.Kalyan Chakravarthy and the Registrar (Vigilance) vide proceedings ROC No.1628/2015-Vigilance Cell, dated 21.06.2017 communicated the removal order to respondent No.5 and Sri S.Kalyan Chakravarthy.”

The Court said that the FIR is liable to be quashed. It noted that the erstwhile High Court recommended the Government to impose major penalty of removal from service in the light of gravity and seriousness of the charges held proved against the Respondent.

Accordingly, the High Court allowed the Writ Petition and quashed the proceedings.

Cause Title- Kum. Asifa Sulthana GC v. High Court of Judicature at Hyderabad

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