THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO.9464 OF 2009 Dated 12th November, 2009 Between: Ch.Tammayya Naidu …Petitioner And Palli Venkat Rao and another …Respondents The Court made the following O R D E R: This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C seeking to quash Crime No.124 of 2008 on the file of Kothapeta Police Station, East Godavari District against him. 2. The offence alleged against the petitioner is under Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He is shown as accused No.10 in the said crime. The allegation against the petitioner is that he along with several others attacked the de facto complainant while some meeting was going on. 3. The contention of the learned counsel for the petitioner is that earlier the name of the petitioner was not there in the first information report and the name of one Dharmaiah Naidu was recorded and subsequently, the name of Dharmaiah Naidu was struck off and the name of the petitioner was included as accused No.10 in the crime. In support of his contention, the learned counsel filed notarised affidavit of the de facto complainant. 4. No weight can be given to the notarised affidavit of the de facto complainant and such a practice cannot be encouraged at all as that will lead to several undesirable consequences. Therefore, it is not at all a fit case to quash the proceedings against the petitioner at this stage. However, in view of the fact that in the first information report the name of the petitioner is found meddled with, it is directed that the petitioner shall not be arrested till the filing of the charge sheet. The investigation shall go on. ______________________ P. SWAROOP REDDY, J Dated 12th November, 2009 vrn