IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 6657 of 2005 Between: 1 Anand Reddy S/o Krishna Reddy R/o Garuchedu Village, Kanekal Mandal, Anantapur District 2 P. Brahmananda Reddy S/o Krishna Reddy R/o Garuchedu Village, Kanekal Mandal Anantapur District ..... PETITIONER(S) AND 1 Station House Officer, Kanekal Police Station, Kanekal, Anantapur District 2 Madiga Somanna S/o Madiga yerrappa R/o Garuchedu Villae, Kanekal mandal, Anantapur District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Certiorari or any other appropriate Writ or direction to quash the Cr. No. 14/2005 on thefile of the 1st respondnet police Station in so far registering a case for an offence under Section 3(1)(X) of the SC and ST (Prevention of Atrocities) Act 1989 and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the facts and circumstances of the case Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioners seek to issue a writ of Certiorari to quash Crime No.14 of 2005 on the file of the 1st respondent in registering the case for an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On a complaint lodged by the second respondent on 07.03.2005 stating that the first petitioner borrowed an amount of Rs.9,200/- from him and returned Rs.6,000/- and when asked for the remaining amount, the first petitioner abused him in filthy language touching his caste and kicked him on the chest with legs at Yellammakatta situated in old Harijanawada in the village which is a public place and therefore, the said case has been registered in Crime No.14 of 2005 under Sections 323, 355 r/w 34 IPC and also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is the case of the petitioners that the provisions of Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 do not apply as no offence has been committed in the public place and there was no scolding touching the caste of the de facto complainant. A counter has been filed by the first respondent stating that the investigation so far made revealed that the provisions of Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were also made out and therefore, the F.I.R. cannot be quashed. I am of the opinion that in writ proceedings the validity of the F.I.R. cannot be considered, as it is not a piece of evidence. Only after investigation is completed, and the case has been tried, then only whether the particular offence is made out or not is to be decided. Having regard to the facts of the case, as there was already an interim direction passed by this Court not to arrest the petitioners pending disposal of the W.P.No.6657 of 2005, I am of the opinion that until the investigation is completed and final report is filed, the petitioners shall not be arrested. With the aforesaid direction, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:12.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}