THE HONOURABLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4403 OF 2010 ORDER: This criminal petition is filed by the petitioners under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.51 of 2010 of Darsi Police Station, Prakasam District, registered for the offence punishable under Sections 352 and 506 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State. Perused the contents of the complaint. As seen from the contents of the complaint, the de facto complainant, who belongs to Scheduled Caste community was not only abused in the name of his caste, but he was also beaten with chappal. When his mother came to rescue him, she was also beaten and her hand was broken. While the injured were being taken into auto, on the way they were again beaten and they were threatened. Having regard to the specific allegations made against the petitioners in the complaint, police have registered a case in Crime No.51 of 2010 under Sections 352 and 506 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The main contention of the learned counsel for the petitioners is that on the same day, the third petitioner herein lodged a complaint to the police. Admittedly, there is no proof of filing of complaint to the police. There is neither endorsement of the police nor any FIR has been issued on such complaint. The learned counsel for the petitioners relied in the case G. PENTAIAH v. STATE OF A.P.[1] in support of his contention that there is nothing in the complaint to say that the petitioner had intentionally insulted the defacto complainant in a place within public view. It is alleged in the complaint that during the enquiry with regard to ration cards the first incident occurred and the second incident occurred on the way to the police station. Therefore, it cannot be said that the incident did not occur within public view. It is not the case of the petitioners that they do not belong to the community other than scheduled caste and scheduled tribe. It has to be seen that the petitioners and defacto complainant belong to one and the same village and they know one another and their castes. Moreover truth or otherwise of the allegations cannot be verified in quash proceedings. In view of the above discussion, the Criminal Petition is dismissed at the admission stage. ____________________ B.CHANDRA KUMAR, J. 20th May 2010, Rns/Sur [1] 2008(12)SCC 531