THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2807 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 petitioners/A2, A3, A4, A6 and A7 in Crime No.7 of 2009 of Kataram Police Station, Karimnagar District. 2. The allegations in the complaint would go to show that there was land dispute between the complainant and the accused. On 23.01.2009 at about 10:35 hours, when the complainant was preparing food on the stove in the disputed land, A4 brought her daughter and made her to sit near the said stove for the purpose of attending calls of nature. When the complainant questioned A4 about her acts, A4 along with her family members i.e., A2, A3, A6 and A7 abused the complainant in filthy language by taking the name of her caste. The eye witnesses, LWs.2 to 4, also stated the same to the police when they were examined during the course of investigation. 3. Learned counsel for the petitioners contended that there were civil disputes between A1 and respondent No.2/de facto complainant with regard to land; that on previous occasion, before filing the present complaint, a similar complaint was foisted against A1 and the petitioners herein and after completion of investigation by police, it was referred as ‘false’; that therefore, a false case is registered against the petitioners and hence, he prays to quash the proceedings against the present petitioners. 4. Heard the learned counsel for the respondents. 5. Inherent powers under Section 482 Cr.P.C. can be exercised to prevent abuse of process of Court or to secure ends of justice or to give effect to the orders passed under the Code. The allegations in the complaint, if taken as true or correct at this stage, made out a prima facie case of the offences alleged, then the question of quashing the complaint does not arise. 6. Learned counsel for the petitioners relied upon a decision of the Honourable Supreme Court in Gorige Pentaiah v. State of A.P.[1], wherein it is held thus: “In the instant case, the allegation of respondent No.3 in the entire complaint is that on 27-05-2004, the appellant abused them with the name of their caste. According to the basic ingredients of Section 3 (1) (x) of the Act, the complainant ought to have alleged that the accused-appellant was not a member of the Scheduled Caste or a Scheduled Tribe and he (respondent No.3) was intentionally insulted or intimidated by the accused with intent to humiliate in a place within public view. In the entire complaint, nowhere it is mentioned that the accused – appellant was not a member of the Scheduled Caste or a Scheduled Tribe and he intentionally insulted or intimidated with intent to humiliate respondent No.3 in a place within public view. When the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law.” 7. The allegation is that the present petitioners abused respondent No.2/de facto complainant in the name of her caste and the same was witnessed by three other persons. It is not in dispute that the petitioners belong to Backward Caste community, whereas respondent No.2 belongs to Scheduled Caste community. Therefore, knowing fully well that respondent No.2 belongs to Scheduled Caste community, the petitioners abused respondent No.2 in the name of her caste and the same was witnessed by three other witnesses. Therefore, prima facie case is made out against the petitioners/A2, A3, A4, A6 and A7. Hence, the question of quashing the complaint does not arise. 8. Accordingly, the Criminal Petition is dismissed. _______________ K.C. BHANU, J August 26, 2010 MD 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.2807 OF 2009 Between: Puli Bondaiah and others .....PETITIONER AND The State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2807 OF 2009 August 26, 2010 [1] 2009 (2) ALT (Crl.) 249 (SC)