THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 5757 of 2010 Order: This criminal petition, under Section 482 Cr.P.C., has been filed to quash the proceedings in Crime No.26 of 2010 of Thamballapalle Police Station, Chittoor District, registered for the offence punishable under Section 3(i)(x) of the SCs and STs (Prevention of Atrocities) Act. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. The specific case of the second respondent-de facto complainant is that on 06.05.2010 when he along with his relatives tried to enter into Maddemma Devatha temple to perform pooja, the priest obstructed them and informed that as per the directions of one Amarnadh Reddy he was obstructing them. It is alleged that when they again tried to contact the priest, the third petitioner herein and others abused them in the name of their caste and threatened them. A reading of the FIR makes it clear that the second respondent-de facto complainant has not referred the name of the first petitioner/A1 M. Sadasiva Raju. Thus, it is clear that no allegation has been made against the first petitioner/A1. Therefore, continuation of proceedings against him appears to be abuse of process of law and, accordingly, the proceedings against the petitioner/A1 are liable to be quashed. So far as the third petitioner/A4 is concerned, it is alleged that he along with others abused the de facto complainant and others in the name of their caste and threatened them. Admittedly, the second petitioner/A2 was not present at the spot at the time of alleged incident. The allegation against him is that he had instructed the priest to obstruct the de facto complainant. It is for the police to make a fair investigation and find out the truth and if there is any material against the second petitioner/A2, they may file charge sheet against him. However, the police concerned are directed not to arrest the second petitioner/A2 Yerraguntla Amarnath Reddy till the date of filing of the charge sheet. Subject to the observations made supra, the Criminal Petition, only in respect of the first petitioner/A1, is allowed and the proceedings against him are quashed. The Criminal Petition, in respect of the petitioners 2 and 3/A2 and A4, is dismissed. ______________________ B. CHANDRA KUMAR, J. Date: 03.11.2011 Nsr