IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2509 OF 2009 Between: K. Dayalan .....PETITIONER AND The State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2509 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C’), is filed to quash the proceedings against the petitioner/accused in Crime No.68 of 2009 of Nagari Police Station, Chittoor District. 2. The allegations in the complaint would go to show that respondent No.2/de facto complainant as well as the petitioner herein/accused belong to same village. It is alleged that on 07.04.2009 at about 08:15 AM, while respondent No.2 was going on a motor cycle, the petitioner herein stopped him, pushed him down from the motor cycle, beat him by catching hold of his shirt, kicked him saying that he would be killed before elections, abused him by naming his caste and thereby humiliated him, asked him to go to his village and that he should not work for Upadhi Hami Padhakam. In the meanwhile, one Rajaram, Mani and Bheemaiah came there and rescued respondent No.2 from the hands of petitioner. The petitioner also threatened respondent No.2 not to inform to anybody about the incident. Because of that fear, respondent No.2 gave a report on 09.04.2009, basing on which police registered a case for offences punishable under Sections 323 of the Indian Penal Code, 1860 and 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (PoA) Act, 1989 (for short, “the Act”). 3. Learned counsel for the petitioner contended that even if the allegations in the complaint are accepted as true and correct at this stage, there is no prima facie case made out for the offence punishable under Section 3 (1) (x) of the Act and hence, he prays to quash the proceedings. 4. Learned counsel for the respondents contended that the allegations in complaint made out a prima facie case for the offences alleged and so, there are no grounds to quash the proceedings. 5. Inherent powers under Section 482 Cr.P.C. can be invoked when there is an abuse of process of Court or to secure ends of justice or to give effect to the orders passed under the Code. The allegations in the complaint, if taken as true or correct at this stage, made out a prima facie case of the offences alleged, then the question of quashing the complaint does not arise. 6. Section 3 (1) (x) of the Act reads thus: “Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, - intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view:” The allegation is that the petitioner abused the de facto complainant in the name of his caste while he was going on a moped, which prima facie attracts Section 3 (1) (x) of the Act. So, it is clear that the allegation in the complaint has made out a prima facie case for the offence punishable under Section 3 (1) (x) of the Act. Hence, the question of quashing the complaint does not arise. 7. Accordingly, the Criminal Petition is dismissed. However, it is made clear that observations, if any, made in this order are only for the purpose of disposal of this case and uninfluenced by any of the observations in this order, the trial Court shall dispose of the case in accordance with law, after filing of the charge sheet. _______________ K.C. BHANU, J August 19, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2509 OF 2009 August 19, 2010