THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIINAL PETITION No.4653 OF 2009 ORDER: The petitioners 1 and 2 are accused of offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Cr.No.170 of 2009 of Kakatiya University Campus Police Station, Warangal. It is alleged that when the second respondent/ de facto complainant was working in Ac.0-34 guntas of land in Sy.No.441, the accused went there and questioned the second respondent as to how he could purchase the land when they were owners of the said land and that they also abused him in the name of his Madiga caste. Truth or otherwise of the said allegations cannot be subject matter of this petition under Section 482 Cr.P.C, as it is a question of fact. It is contended by the petitioners’ counsel that civil suit in O.S.No.850 of 2008 is pending between the alleged vendor of the de facto complainant and the petitioners in respect of self same land and that to coerce the petitioners with settlement in that suit, this case was foisted through the second respondent. Copy of the plaint in that suit is placed before this Court. In the circumstances, the criminal petition is dismissed. But, however, the investigating officer is directed not to arrest the petitioners 1 and 2 during the course of investigation and till filing of charge sheet. __________________________________ SAMUDRALA GOVINDARAJULU,J Rkk Dated: 4-2-2011