THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4057 OF 2010 Dated 03-11-2011 Between: B.Balasubramanyam. ..Petitioner. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4057 OF 2010 ORDER: This Criminal Petition is filed by the petitioner seeking to quash the proceedings in F.I.R.No.28 of 2010 of Kuderu Police Station, Hyderabad, registered for the offences punishable under 353, 323 and 506 I.P.C. read with Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Petitioner herein is the accused. 2nd respondent herein is the defacto complainant. He is working as a Mandal Educational Officer. It appears that there were some disputes between the petitioner and one M.Surendra, teacher. The petitioner is working as Head Master. The 2nd respondent seems to have enquired with regard to the disputes between the petitioner and one Surender and submitted a report to the District Educational Officer. Consequently, a memo seems to have been issued to the petitioner. No representation for the petitioner. Heard the learned counsel for the Additional Public Prosecutor. It is alleged that on 23.4.2010, when the second respondent along with the said Surendra went to M.M.Halli Primary School, Kuderu Mandal at about 10-30 A.M., the petitioner is alleged to have abused him in filthy language and beat him on his nose and consequently, blood came out from his nose and mouth and that when the said Surendra came for his rescue, the petitioner abused him in the name of his caste and also kicked the 2nd respondent with his legs indiscriminately on his stomach. In this connection, Police registered a case in Cr.No.28 of 2010 for the offences under Sections 353, 323 and 506 I.P.C. read with Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case of the petitioner appears to be that the second respondent does not belong to the Scheduled Caste Community. It appears that it is not in dispute that another victim is a member of the Scheduled Caste Community. Learned Additional Public Prosecutor contends that the investigation is in progress. Whether the allegations made in the complaint are true or not cannot be decided in quash proceedings. Whether an offence under Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been made out or not cannot be decided in these proceedings. I do not see any reason to interfere with the proceedings merely because complaint is not lodged by Surender, a member of the Scheduled Caste, when it is specifically alleged that when he interfered he was abused in the name of his caste. Subject to the above observation, this Criminal Petition is dismissed. ___________________ B. CHANDRA KUMAR, J. Date: 03-11-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4057 OF 2010 Dated 03-11-2011