HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO. 10580 OF 2010 DATE: 20.10.2010 BETWEEN: Dalapathi Rao Siva Naga Raju and others .. Petitioners And State of A.P. and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO. 10580 OF 2010 ORDER: This criminal petition is filed seeking to quash the proceedings in Crime No.105 of 2010 on the file of Kuchipudi Police Station, Krishna District, insofar as the petitioners are concerned. I have heard the learned counsel appearing for the petitioners/A2, A7, A6 and A8 and the learned Additional Public Prosecutor representing the State. The second respondent though served with notice did not appear in person or through advocate. Basing on the report lodged by the second respondent/de facto complainant, the police Kuchipudi registered a case in Crime No.105 of 2010 on the allegation of commission of offence under Sections 3(i) (x) of the SCs and STs (POA) Act and Sections 447, 323 and 506 IPC. There is a dispute regarding the leasehold rights of a wet land between the de facto complainant and the accused and on account of the dispute, civil litigation is pending. It is mentioned in the report that on 19.07.2010 while the second respondent was working in the land, the accused went there, there were heated arguments between the first accused and the second respondent which resulted in a quarrel and during the course of which it is stated that the accused manhandled the second respondent, abused him by touching his caste and also threatening him with dire consequences. From the crux of the case, it is obvious that the dispute is purely civil in nature and on account of the civil dispute, there is every possibility for the second respondent to implicate the petitioners in a case of this nature. Further, the learned counsel appearing for the petitioners invited my attention to the copy of the remand report which is filed along with the criminal petition. In the remand report, the investigating officer clearly mentioned that the witnesses examined by him have stated that the first accused only abused the second respondent touching his caste. The remaining accused only asked him to stop the work in the field. Thus, even from the investigation also it is made out that the petitioners did not commit the offence. For the foregoing reasons, the proceedings in Crime No.105 of 2010 on the file of Kuchipudi Police Station, Krishna District, insofar as the petitioners/A-2, A-7, A-6 and A-8 concerned are hereby quashed. The criminal petition is allowed. ________________ R.KANTHA RAO,J Date: 20.10.2011 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO. 10580 OF 2010 DATE: 20.10.2011