The Andhra Pradesh High Court has quashed criminal proceedings against two police officers accused of allegedly abusing a Head Constable by referring to his caste and threatening him. Justice K. Sreenivasa Reddy held that the material on record showed circumstances indicating that the criminal proceedings were frivolous, vexatious and malicious.
Background of the Case
The petition was filed by Y. Praveen Kumar, then a Sub-Inspector, and G. Sudhakar, a Constable, both posted at Dhone Town Police Station. The complainant, Y. Rammohan, was working as a Head Constable at the same police station.
According to the complaint, on March 31, 2022, the complainant questioned the officers about his suspension. He alleged that the two officers abused him by referring to his caste and threatened him. Three persons were cited as witnesses to the alleged incident.
The Special Court at Kurnool took cognizance of the complaint on January 5, 2023, for offences under Section 506 read with Section 34 of the IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act. The police officers then approached the High Court seeking quashing of the proceedings.
Court's Observation
The High Court examined the circumstances surrounding the complaint, including the complainant's earlier suspension and the material relied upon by the police authorities.
The Court noted that the complainant had been suspended on March 10, 2022, following an inquiry into allegations concerning his contacts with persons allegedly involved in illegal activities. The alleged caste-abuse incident took place on March 31, while the private complaint was filed on April 21, nearly 20 days later.
The Court also examined the statements of the three alleged eyewitnesses. It noted that they were not residents of the place of occurrence and that criminal cases had previously been registered against them. The Court therefore found their presence at the spot and the reliability of their accounts questionable.
Referring to the Supreme Court's ruling in Sujoy Ghosh v. State of Jharkhand, the High Court observed:
“When an accused seeks quashing of either the FIR or criminal proceedings on the ground that such proceedings are manifestly frivolous, vexatious or malicious, the Court is duty bound to examine the matter with greater care.”
The Court said it was not confined to the allegations in the complaint alone and could consider the surrounding circumstances and material available on record.
Decision
After considering the entire record, Justice K. Sreenivasa Reddy held that the proceedings were manifestly frivolous, vexatious and malicious and amounted to an abuse of the process of law. The Court found that the case fell within the principles laid down by the Supreme Court in State of Haryana v. Ch. Bhajan Lal.
The High Court accordingly allowed the criminal petition and quashed SC/ST Sessions Case No. 2 of 2023 pending before the VI Additional District and Sessions Judge-cum-Special Judge, Kurnool, against both petitioners.
Pending miscellaneous petitions were also closed.
Case Details
Case Title: Y. Praveen Kumar & Anr. v. The State of Andhra Pradesh & Anr.
Case Number: Criminal Petition No. 3174 of 2023
Judge: Justice K. Sreenivasa Reddy
Decision Date: July 17, 2026
