Khushi Gupta
Published on: April 12, 2022 at 17:52 IST
Case Title: N. Appa Rao Vs. the State of Andhra Pradesh
Justice C. Praveen Kumar saw that the Payers were no doubt Civil Servants. But the changes in the Preliminary Information Report did not reflect any deliberate negligence of the duties that had to be performed under the Prevention of Atrocities Act, 1989.
On the other hand, Head Office informed the National Commission for Scheduled Castes of the action they intended to take by Misrepresenting other Documents.
Section 4 of Prevention of Atrocities Act states that whoever, being a Public Servant not being a Member of a Scheduled Caste or Scheduled Tribe, wilfully neglect his duties required to be performed by him shall be Punishable with Imprisonment for a term which shall be between 6 months to 1 year.
Section 3(2)(vii) of Prevention of Atrocities Act provides that whoever being a Public Servant commits any offence under Section 3(2) shall be punishable with Imprisonment for a minimum term of 1 year and may extend to the Punishment provided for that Offence.
The Criminal Application was granted as it was clear from the Allegations in the Report that no Charges had been filed under the Scheduled Castes and Scheduled Tribes Act and that the continuation of the Applicants’ Proceedings would be a Violation of the Law.
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