THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.5743 of 2009 BETWEEEN: D.Prasad, S/o.D.Subba RAo … Accused/ Petitioner AND 1. B.Rajendra, S/o.B.Rajamallaiah & another … Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5743 of 2009 ORDER: The petitioner is accused of offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and more precisely under Section 3(i)(x) of the Act on the ground that he is stated to have abused the 1st respondent/defacto complainant by saying “Mala LanjaKodaka”, “Madiga LanjaKodaka” and “Donga Lanja Kodaka”. In the private complaint filed by the 1st respondent either in cause title or in the entire body thereof, there is no allegation that the complainant belongs to Scheduled Caste and that the accused/petitioner belongs to a caste other than a Scheduled Caste or Scheduled Tribe. Along with the complaint, the 1st respondent did not also file community certificate of either himself or that of the accused. Pre-requisite of an offence under Section 3(i)(x) of the Act is that the victim/complainant belongs to either Scheduled Caste or Scheduled Tribe. The 2nd requirement is that the accused belongs to caste, which is neither a Scheduled Caste nor Scheduled Tribe. In the absence of the said allegations either in the complaint or production of prima facie proof thereof, it cannot be said that the 1st respondent had made out prima facie case for registering the case and for taking cognizance of the offence under Section 3(i) (x) of the Act against the accused. 2. Further the alleged abuses are in the names of both Mala Caste as well as Madiga Caste. Both the castes cannot co-exist with each other in respect of one and the same person who is the complainant. Having regard to the alleged abuses narrated above, which are three pronged in nature, it cannot be said that this is a case where the petitioner/accused intended to insult or humiliate the 1st respondent/complainant in the name of his caste much less Scheduled Caste. 3. In the result, the Criminal Petition is allowed quashing proceedings in P.R.C.No.7 of 2009 on the file of I Additional Chief Metropolitan Magistrate, Hyderabad. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 25.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5743 of 2009 DATED: 25.02.2011 ysk