HONOURABLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No.1105 of 2009 Dated 24-12-2010 Between: Sainni Venkateswara Rao. …Petitioner. And: The State represented by its Public Prosecutor, Hyderabad and another. …Respondents. HONOURABLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No.1105 of 2009 ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the F.I.R. No.86 of 2008 of Aswapuram Police Station, Khammam District. Heard the counsel for the petitioner. No representation on behalf of the respondents. Petitioner’s counsel has pleaded that the complainant who is the respondent No.1 herein has made a false complaint against the present petitioner due to political rivalry and in the earlier complaint given by him, he turned hostile to the prosecution and denied the allegations made by him against the present petitioner before the Special Sessions Judge for trial of cases under SCs and STs (POA) Act, 1989, Khammam. The present F.I.R. in Crime No.86 of 2008 of Aswapuram Police Station, Khammam was issued basing on the complaint lodged by the respondent No.2 on 18-7-2008 at 18 hours alleging that on 16-7-2008 at about 6.30 PM., while he was going to Rice Mill of Bathula Nagaraju of Aswapuram on his cycle, the present petitioner has stopped the motor cycle in front of him and abused him by his caste and questioned him as to why he has asked him the payment of Rs.50,000/- spent in the elections. As per the said complaint, none of the witnesses were present at the time of the incident and subsequently, E.Satyanarayana, Mill watchman, K.Ramulu and K.Seshaiah came there and requested the petitioner to stop abusing him and then, he left that place. Therefore, as per the above allegations made in the complaint, the incident has taken place on 16-7-2008 at 6-30 P.M., but whereas the complaint was given on 18-7-2008 at 18 hours. Thus, there is delay of more than two days in lodging the complaint after the incident and the same was not explained by him in the said complaint given by him. As pointed out by the petitioner’s counsel, the respondent No.2 has lodged a complaint against the present petitioner in Crime No.31 of 2003 of Aswapuram Police Station, Khammam District for the offences under Sections 3 (1) (x) of SCs and STs (POA) Act, 1989 and subsequently, a Charge Sheet was filed and the same was numbered as P.R.C.No.46 of 2006 on the file of the Judicial Magistrate of First Class, Manuguru and thereafter, it was committed to the Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act, 1989, Khammam and during the course of trial before the said Court, P.W.1 who is respondent No.2 herein has deposed that the accused who is the present petitioner herein did not abuse him nor beat him in the year 2003 and the police obtained signatures on the report and he did not report any matter to the police and he also further stated that the contents of the report are not correct. Therefore, basing on the said evidence of the present respondent No.2 in the said case, the present petitioner was acquitted. The said case was disposed of 14-2-2008 and after deposal of the said case, the complaint was lodged by the respondent No.2 with the similar allegations against the petitioner herein. Therefore, the conduct of the petitioner shows that he is in the habit of lodging false complaints due to political rivalry. Moreover, the averments made in the complaint does not constitute any offence under Sections 3 (1) (x) of SCs and STs (POA) Act, 1989. Therefore continuing the said F.I.R. would only amount to harassing the petitioner for facing the trial before the court below. Therefore, the petitioner is entitled for quashing the said F.I.R. Accordingly, this Criminal Petition is allowed and the F.I.R. 86 of 2008 of Aswapuram Police Station, Khammam District is hereby quashed. ____________________________ JUSTICE P.DURGA PRASAD Dated 24-12-2010. Dvs HONOURABLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION No.1105 of 2009 Dated 24-12-2010