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 RAJA ELANGO CRIMINAL PETITION NO.3221 OF 2009 Between : K.R.N.Govinda Raju ....PETITIONER A N D The State of A.P. and others …RESPONDENTS THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.3221 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner seeking to quash the proceedings in P.R.C.No.22 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Tanuku, for the offence punishable under Section 3(1)(x) of SCs / STs (POA) Act, 1989 (for short “the Act”). 2. Originally the complaint was lodged before the Police and after investigation the respondent / police filed a report reads as follows: “This is a case of alleged atrocity on the members of Schedule Caste said to have been occurred on 05-0402008 at 10.30 A.M. at Siddantham Village and reported on 05- 04-2008 at 9.30 P.M wherein the complainants Akumarthi Ananda Rao S/o Venkanna, aged 42 years C.SC-Madiga and Kankipati Vara Prasad Rao S/o Suraiah, aged 28 years C/SC-Madiga, both are residents of Arundhatiyapet, Siddantham Village, Penugonda Mandal reported that the accused Kadali Rama Naga Govinda Raju S/Settibalija, Husband of Sarpanch, Siddantham Village, Penugonda Mandal threatened them and abused them by taking their caste due to dispute in connection with removal of their Buddies at Siddantham Village. The case has been referred as false. Basing on the strength of the complaint of the complainant, A.S.I of police, Penugonda P.S. registered a case in Crime No.29 of 2008 under Section 506 I.P.C. and Section 3(1)(x) of SCs and STs (POA) Act, 1989 of Penugonda P.S. on 05.04.2008 at 9.30 P.M. and sent express FIRs to all concerned. The Superintendent of Police, West Godavari, Eluru appointed me as Investigation Officer in this case. Accordingly, I took-up personal investigation of this case immediately, I visited the scene of offence and inspected the same. I also examined the complainant and other relevant witness as L.Ws.1 to 54 and recorded their statements. My investigation disclosed that this is a false case. As such, I have referred this case as false after obtaining orders from the Superintendent of Police, West Godavari, Eluru vide C.No.44/C2/SC ST/08, dated 17.07.2008 and file the final report together with the Notice served on the complainant requesting the Hon’ble Magistrate to treat this case as false and to issue R.C. proceedings accordingly at any early date Closed the investigation in this case”. 3. As seen from the record, the learned Magistrate examined the complainant as well as the other witnesses on behalf of the complainant. After examination, the learned Magistrate has taken cognizance for the offence punishable under the Act. 4. After hearing the arguments on both sides, this Court is of the view that the learned Magistrate has erroneously taken the cognizance for the above said offence. Neither P.W.1, who is the complainant, has produced any document to show that he belongs to S.C. Caste nor there is any document filed by him to prove that the accused herein belongs to other than S.C. community. 5. To attract an offence under the above Act, it is the prime duty of the complainant to produce a document showing that he belongs to SC community. In this case the learned Magistrate, without verifying the same, has taken the cognizance for the said offence. In view of the same, the proceedings in P.R.C.No.22 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Tanuku, are hereby quashed. 6. Accordingly, the criminal petition is allowed. _________________________ JUSTICE RAJA ELANGO AUGUST 26, 2010. YVL