IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.6866 OF 2009 BETWEEN: 1. Tappal Ekambaram S/o. T. Narayana Reddy; 2. Tappala Narayana Reddy S/o. Thimmappa …. Petitioners/Accused Nos.1 and 2 AND 1. State of Andhra Pradesh, represented by the Public Prosecutor, High Court of A.P., Hyderabad. 2. Vadithya Hanumantha Naik S/o. Adivi Swamy Naik …. Respondents THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.6866 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners Tappala Ekambaram, Tappala Narayana Reddy – accused Nos.1 and 2 respectively, seeking to quash the proceedings against them in PRC No. 11 of 2007 on the file of the Judicial Magistrate of First Class, Rayadurg, Anantapur District, arising out of Crime No.71 of 2006 of D.Hirehal Police Station, Anantapur Mandal registered for the offences under Sections 342, 323 & 506 read with 34 IPC and 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act’). 2. Heard. 3. The allegations in the complaint, prima facie, show that some incident has taken place between the parties. The contention of the learned counsel for the petitioners is that the de facto complainant Vadithya Hanumantha Naik has no authority to do any work at Andhra - Karnataka boarder. But, the complaint itself shows that the de facto complainant was working on the order of the Forest Officials. Thus, according to him, the de facto complainant was working for the Government. 4. The allegations against the petitioners are of abusing the de facto complainant by caste, assaulting and threatening him. Hence, it cannot be said that there is no prima facie case against the petitioners. 5 . Thus, there are no grounds to quash the impugned proceedings against the petitioners. 6. However, considering the facts and circumstances of the case, it is directed that the investigation and consequential steps on the basis of result of the investigation shall go on, but the petitioners shall not be arrested till filing of the charge sheet if any. 7. With the above directions, the Criminal Petition is dismissed at the admission stage itself. _____________________ P. SWAROOP REDDY, J November 26, 2009. KTL