N. APPA Vs. STATE OF AP
LAWS(APH)-2022-4-19
HIGH COURT OF ANDHRA PRADESH
Decided on April 01,2022

N. Appa Appellant
VERSUS
State Of Ap Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners/A.1 to A.3. In spite of service of notice on respondent no.2, there is no representation.
(2.) The present Criminal Petition is filed, under Sec. 482 Cr.P.C., seeking quashing of investigation in Crime No.294 of 2013 of II Town Police Station, Eluru, registered for the offences under Sec. 3(1)(v), 3(2)(vii) and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short, "POA, Act"].
(3.) The facts, as stated in the F.I.R., are as under:- (a) The informant was working as Manager in Central Bank of India [for short, "Bank"] at different places. He availed a housing loan of Rs.5,00,000.00 from the Bank during the year 2000 and used the same for constructing a house at Venna Valli Vari Pet, Eluru. The said house was mortgaged with Central Bank, Eluru Branch, as security for the loan. (b) While things stood thus, in the year 2011, the Bank has dismissed the informant from the service because of a conviction in a C.B.I. case. Later on, the Bank has settled his benefits and paid Provident Fund after recovering the housing loan. It is said that he requested the Bank to release the title deeds and documents as the loan is fully repaid and there are no outstanding dues. But, in spite of his request, the Bank has not released the house documents. According to him, the said harassment is because the informant belongs to Scheduled Caste. Thereafter, the informant claims to have approached the National Commission for Scheduled Castes, Hyderabad for release of the title deeds and house documents and also for settlement of issues like Gratuity etc. The Commission in turn pursued with the Bank and the same was settled. (c) On 16/8/2013, the Bank Manager informed the informant that they have misplaced the documents and title deeds of his house. On 15/10/2013, the General Manager has informed the National Commission for Scheduled Castes about the same and also informed them about the steps being taken against the local branch. Non-delivery of house documents lead to filing of the present report alleging the offences constitutes punishable under Sec. 3(1)(v) and 3(2)(vii) and Sec. 4 of POA, Act. ;


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