IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD Monday, July 04, 2011 Present: Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 4183 of 2011 Between: K.Vijay Sreekar Reddy …Petitioner and The State of AP and another …Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 4183 of 2011 O r d e r: Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. 2. The petitioner herein is the accused in Cr.No. 53 of 2011 of Wyra Police Station, Khammam District. It is registered for the offences punishable under sections 323 and 294-B IPC and S. 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Attrociites) Act, 1989 (for short ‘the Act’). This petition is filed to quash the said FIR. 3. A perusal of the allegations in the FIR would show that the de facto complainant belongs to “Eurukala” community which is admittedly an ST in our State and the petitioner abused her in the name of her caste in filthy language and humiliated. 4. Learned counsel for the petitioner argued at length about the merits of the matter and pointed out that the whole dispute/incident broke out of an alleged landlord and tenant dispute and the complaint has been given to get the tenant evicted. The petitioner is admittedly a tenant. It may be noted that the above aspect relates to the disputed question of fact which has to be decided by the investigating agency in the first instance then if at all the charge sheet is filed by the trial court. In these circumstances there are no grounds to admit this petition. 5. It is brought to my notice that the petitioner is aged 23 years and is a student. In these circumstances and having regard to the submissions made by the petitioner’s counsel the police are directed to strictly keep in view S. 41 Cr.P.C. and the criteria laid down for the arrest of the accused before taking a decision for arrest of the petitioner. 6. With the above direction the petition is dismissed at the admission stage. _____________________ N. RAVI SHANKAR, J. July 4, 2011. *BVS