IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24118 of 2004 Between: 1 Mantri Ranga Rao S/o.Lakshmaiah Guntur Dist. 2 Mantri Venkateswara Rao S/o.Mallikarjuna Rao Guntur Dist. 3 Mantri Hari Krishna S/o.Sreeramula Guntur Dist. 4 Mantri Hari Krishna S/o.Sreeramulu Guntur Dist. 5 Mantri Sai Baba S/o.Pedda Koteswara Rao Guntur Dist. 6 Gowru Chandrasekar S/o.Masthan Rao Guntur Dist. 7 Gowru Ram Babu S/o.Masthan Rao Guntur Dist. 8 Mantri Veeraiah S/o.Sreeramulu Guntur Dist. 9 Namana Vijaya Venkata Appa Rao S/o.Venkateswara Rao Guntur Dist. 10 Namana Sri Krishna Prasad S/o.Venkateswara Rao Guntur Dist. ..... PETITIONERS AND 1 The Superintendent of Police Guntur Guntur Dist. 2 The Dy.Superintendent of Police Guntur Guntur Dist. 3 The Sub-Insjpector of Police, Lalapet Police Station,Guntur Dist. 4 Thokala Siva Naga Raju S/o.Sambasiva Raju .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court mayl be pleased to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus of call for the records and to quash the FIR No.211 of 2004 dt 12/10/2004 on the file of the P.S.Lalapet,Guntur,Guntur Dist by declaring the action of the 3rd respondent in registering the crim against the petitioners herein is illegal,void and without jurisdiction and unconstitutional and to pass necessary order or orders. Counsel for the Petitioner:MR.GADE VENKATESWARA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24118 of 2004 ORDER: The petitioners, who are figuring as accused in FIR No.211 of 2004, dated 12-10-2004 on the file of Lalapet Police Station, Guntur District, seek to quash the FIR registered against them for the offences punishable under Section 447 IPC and Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”) on the ground that omnibus allegations have been made by the complainant-4th respondent against the petitioners by taking the names of all the petitioners herein alleging that they scolded the complainant by taking caste name. A perusal of the complaint goes to show that the complainant has meticulously given all the names of the petitioners and also stated that all of them scolded the complainant by taking caste name. A counter has been filed stating that the petitioners have already been released on bail and the investigation was almost completed by the date of filing of the counter in the month of March, 2005. A perusal of the complaint prima facie goes to show that the provisions of the Act, though apply, however, it is always open for the petitioners to adduce defence evidence, in case the police able to substantiate the contents of FIR. Therefore, the FIR cannot be quashed as the same discloses commission of cognizable offence under the relevant provisions of the Act. In view of the aforesaid facts and circumstances of the case, I do not see any ground to quash the FIR. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 17-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MVK}