IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1876 OF 2009 Between: Chintam Reddy Subba Reddy .....PETITIONER AND Amilipogu Raja Ratnam and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1876 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, (for short, “Cr.P.C.”) is filed to quash the proceedings against the petitioner/A3 in Crime No.5 of 2009 of S.R. Puram Police Station, Nellore District. 2. The case of the prosecution is that on 22.01.2009 at about 08:30 PM, while respondent No.1/de facto complainant along with his wife were returning to Basinenipalli from Udayagiri and going to their colony from Bus Stand, Chintamreddy Sreenu and Balasubbaiah beat respondent No.1 and his wife. Wife of respondent No.1 fell unconscious and presuming that she was dead, Chintamreddy Sreenu and Balasubbaiah left the place. Villagers called 108 - ambulance and it was forcibly sent back. Respondent No.1 again called 108 - ambulance and took his wife to Udayagiri Government Hospital for treatment and when she was taking treatment, respondent No.1 lodged a complaint. By that time, Chintamreddy Subba Reddy, Badwel Bhaskar Reddy and Badwel Sudhakar Reddy were sitting there and attacked on respondent No.1. Subba Reddy stated that he would kill respondent No.1 and his wife, burn them and that respondent No.1 and his wife cannot do any thing. Further the case of the prosecution is that the above persons were forward caste people, financially sound and highhanded persons. When respondent No.1 and his wife complained to some persons in the village, the accused also threatened the villagers. Left with no other option, respondent No.1, Amilipogu Raja Ratnam, lodged a complaint on 24.01.2009 at about 13:00 hours before S.R. Puram Police Station, Nellore District. Basing on the said complaint, police registered a case in Crime No.5 of 2009. 3. Learned counsel for the petitioner contended that insofar as the present petitioner/A3 is concerned there is no allegation that he abused respondent No.1 in the name of his caste; that therefore, continuation of proceedings against the petitioner is nothing but abuse of process of Court and hence, he prays to quash the proceedings. 4. On the other hand, learned counsel representing the learned Public Prosecutor contended that the petitioner has committed the alleged offence of abusing respondent No.1 in the name of his caste; that prima facie case of the offence alleged is made out and hence, he prays to dismiss the Criminal Petition. 5. Inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process of Court or to secure ends of justice to give effect to the order passed under the Code. If the allegations in the complaint do not make out a prima facie case of the offence alleged, then only question of quashing the complaint arises. 6. Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (PoA) Act, 1989, reads thus: “Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, - intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view:” 7. The petitioner is A3 in the complaint. There is no allegation in the complaint that the present petitioner abused respondent No.1/de facto complainant in the name of his caste. Similarly, the Remand Report, dated 12.02.2009, did not disclose that the present petitioner abused respondent No.1 in the name of his caste. Therefore, no prima facie case is made out against the petitioner/A3 and continuation of proceedings against him is nothing but abuse of process of Court. 8. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioner/A3 in Crime No.5 of 2009 of S.R. Puram Police Station, Nellore District. _______________ K.C. BHANU, J August 26, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1876 OF 2009 August 26, 2010