HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.4409 OF 2009 DATE: 23.12.2010 BETWEEN: Mohd.Zakiuddin Rezwan and others .. Petitioners And The State of Andhra Pradsh and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.4409 OF 2009 ORDER: Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the second respondent/de facto complainant and the learned Additional Public Prosecutor appearing for the State/first respondent. This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings against the petitioners in P.R.C.No.36 of 2009 on the file of the VIII Metropolitan Magistrate, Cyberabad at Rajendra Nagar, Ranga Reddy District arising out of Crime No.1317 of 2008 of Rajender Nagar Police Station registered for the offences under Sections 448, 427, 506 and 34 of IPC, Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 15(3) of Code of Criminal Procedure. The allegations leveled against the petitioners are that due to some disputes between the second respondent and the petitioners and after receiving notice issued by the father of the second respondent and the other occupants of the flats to the mother of the first petitioner asking her to remove the constructions illegally made on the common passage in front of the flat Nos.102 and 103, on 02.11.2008 at about 9 hours, the petitioners abused the second respondent in filthy language in the name of his caste as “Sala metar makeloda yeh sale ko nikhalo, is metar salanko yeha rahena nahi, inka saman bahar phekho, thum log suvvar ka ghosh (pig meat) Khathe, is Apartment ko napak kar rahe hai thum log yeha rahane ka kahbil nahi” and further A2 and A3 abused his father by caste as “mehtar ko bahuth masti chadgaya yeh log ‘SC’ caste ke hai, yeha rahaneka nahi yeh, heh log ko nikaldo” and threatened him with dire consequences and the accused caught them by scruffs and slapped them and forcibly entered into their flat and damaged the furniture and household articles. The neighbours intervened and rescued the second respondent from the clutches of the petitioners. It is stated that two days after the incident, again the petitioners abused the second respondent by saying “kya re mehtar makeloda jara kya office ko, latrine saf karne jara kya inshirt karke jara, thera bucket aur jhadoo kidar hai re, thum log SC loga reservation leke Government ka pysa khar rahe aur apartment kharid reyi”. The second respondent lodged a complaint before the VIII Metropolitan Magistrate, Rajendranagar against the petitioners and the learned Magistrate forwarded the same to the police for investigation and the police registered a case in Crime No.1317 of 2008 under Section 3 of the SC & ST (POA) Act and under Section 448, 427, 506 read with 34 IPC, investigated into the offence and filed charge sheet. Earlier the learned single Judge of this Court passed an order directing the police not to arrest the petitioners till the filing of the charge sheet and to proceed with the investigation. By referring to various earlier incidents alleged to have been occurred between both the parties and the suit for permanent injunction filed by the wife of the second respondent, it has been submitted on behalf of the petitioners that due to some disputes, a false case has been foisted against the petitioners which is devoid of any proof and the same is liable to be quashed. There might be some disputes between both the parties which led to filing the cases earlier to the incident in the present case. But on account of the existence of such disputes, the possibility of the incident in the present case cannot be ruled out. While disposing of the Criminal petition under Section 482 Cr.P.C., this Court is not supposed to examine the merits of the case filed against the petitioners. The allegations leveled in the complaint petition and the charge sheet clearly disclose the offences, which were referred to above. Moreover, after conducting thorough investigation, the police filed charge sheet against the petitioners for the offences alleged above. This is not a fit case to quash the proceedings in Crime No.1317 of 2008 on the file of the VIII Metropolitan Magistrate, Cyberabad at Rajendra Nagar, Ranga Reddy District. In the result, the criminal petition is dismissed. _______________ R.KANTHA RAO,J Date: 23.12.2010 Kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.4409 OF 2009 DATE: 23.12.2010