THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION Nos.5594 and 5315 of 2007 COMMON ORDER: The petitioner in Criminal Petition No.5594 of 2007 is Accused No.1 and the petitioners’ in Criminal Petition No.5315 of 2007 are Accused Nos.2 to 5. Since both these petitions arise out of the same case i.e., Crime No.152 of 2007 on the file of Devarapalli Police Station, they are being disposed of by this common order. Initially the learned counsel for the petitioners in Criminal Petition No.5315 sought time, but this Court is not inclined to grant time, and therefore, the matter is heard. The only submission made by Sri Nimmagadda Satyanarayana and Sri K.Venkatesh, learned counsel appearing for the petitioners in the respective petitions is that no ingredients have been made out under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act’) and that all the petitioners have been falsely implicated in this case due to specific rivalry. The brief facts of the case, as seen from the contents of the F.I.R., are as follows: The de facto complainant, namely, Lingamkunta Lakshmi has been working as Sarpanch of Yadavole Village, Deverapalli Mandal, West Godavari District. Accused No.1 was the In-charge Head Master of Zilla Parishad High School, Yedavole Village. It is alleged that the de facto complainant, who is a member of Scheduled Caste came to the school for hoisting National Flag on the occasion of Independence Day Celebrations on 15.08.2007. It is also alleged that Accused No.1 obstructed the de facto complainant, pushed her aside and prevented her from hoisting the flag and thereby insulted her within public view. As far as Accused Nos.2 to 5 are concerned, they are alleged to have abused her in the name of her caste and prevented her from hoisting the National Flag, only on the ground that she is a member of Scheduled Caste. Section 3(1)(x) of the Act is as follows: “Whoever, not being a member of a Scheduled Caste or 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 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.” If a member of a Schedule Caste is intentionally insulted or intimidated within public view, the same attracts the above referred to provision. It is most unfortunate that even after 60 years of independence, it is alleged that a member of Scheduled Caste, who has been chosen as the first citizen of the village i.e., Sarpanch was not allowed to hoist National Flag on the day of Independence Day Celebrations. It appears that mere enactment of laws will not change the mindset of the people. Anyhow, this Court cannot decide whether the allegations are true or not, but what is to be seen is whether there are any grounds to quash the proceedings or not. Unless and until it appears that the contents of complaint or chargesheet do not disclose the alleged offence and wherein it appears that the proceedings will result in abuse of process, the proceedings cannot be quashed. The powers of the High Court under Section 482 Cr.P.C have to be exercised sparingly. Admittedly, truth or otherwise of allegations made in the complaint cannot be decided in this petition. Having regard to the facts and circumstances of the case, I see no merit in these Criminal Petitions and the same are accordingly dismissed. _____________________ B. CHANDRA KUMAR, J. Date: 20.04.2010 va