IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO.3072 OF 2010. Date:12.04.2010 Between:- Saddala Eashwar and others ..Petitioners/Accused And Addakula Thirupal and another .. Respondents ORDER:- This petition is filed by the accused Nos.1 to 6 for quashing proceedings in P.R.C.No.20 of 2010 on the file of Judicial Magistrate of the First Class, Gadwal, Mahbubnagar District relating to offences punishable under Sections 147, 148, 341, 506 and 109 I.P.C and Section 3(1)(x) of the S.Cs and S.Ts (POA)Act, 1989. 2. A-1 is member of Mandal Pradesika Territorial Committee Constituency (M.P.T.C.) of Puduru village and the victim/complainant/first respondent is husband of Sarpanch of the same village. It is alleged that on 04.11.2009 noon, when the first responent and husband of Upasarpanch took measurements of Yerravalla village school building, at about 17.30 hours, when the first respondent and two others were in front of shops near R.T.C New Bus Stand, A-1 went to them and questioned the first respondent as to why he took measurements of school compound wall without his knowledge and abused him in the name of his caste as ‘Madiga Bastard’, questioned as to how he would revolt against him and tried to beat him and that when two others present along with the first respondent tried to rescue the first respondent, A-1 abused all of them as ‘Madiga Sons’ etc and made phone call to A-2 and asked him to get persons to see their end. It is further alleged that at 19.30 hours, when the first respondent along with two other persons were returning to village on motor cycle, A-2 to A-6 formed themselves into unlawful assembly and went in auto with sticks and obstructed the victims at Veerabhadraswamy temple and abused them as ‘Madiga Bastards’ and questioned as to how they can act opposite to A-1 and tried to beat the first respondent and two others with sticks. 3. It is contended by the petitioners’ counsel that due to political rivalry, false case was foisted against A-1 and his followers and that three of the witnesses examined by the police categorically stated that nobody abused the first respondent and other persons in the name of caste. At the same time, other five witnesses have spoken to A-1 to A-6 abusing the first respondent and two others in the name of caste and behaving high handedly towards them. It is a matter of evidence to be recorded by the trial Court during trial. Truth or falsity of allegations in the complaint have to be decided by the trial Court. The said question of fact cannot be gone into in this petition under Section 482 Cr.P.C. There are no merits in this petition. 4. Hence, the petition is dismissed. _​_________________________ SAMUDRALA GOVINDARAJULU, J 12th April 2010 AMD