THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.3649 of 2008 ORAL ORDER: This petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in Crime No.178 of 2008 of Police Station, Sircilla, Karimnagar registered for offence punishable under Section 3(x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner is the Accused and the second respondent is the defacto complainant in the criminal case. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the above crime. The prosecution case is as follows: T h e defacto complainant is the resident of Sanjeevaiah Nagar, Sircilla village. On 6.5.2008 at about 12.54 hrs the defacto complainant went to the municipal office, Sircila and later while he was returning from the said office, the accused who was sitting in a tent called him and questioned as to whether Mala Madiga Associations could not support their cause and then abused him with reference to his caste. Then the defacto complainant questioned the conduct of the accused, for which the accused abused him as “Mala Lanjakoduka” and pushed him aside. The incident was witnessed by Reddimalla Srinivas, Kodem Srinivas, S.Narsimhulu and others. The claim of the accused is that the defacto complainant approached him and others who were doing dharna in a tent and abused him in a filthy and harsh language and bet him with hands and also kicked him threatening to book false cases against him under the provisions of SC/ST (POA) Act on that day itself and since there was life threat in the hands of defacto complainant, the accused lodged report to the police on 6.5.2008 itself, but no action was taken by the police. To support his contention, the accused has also filed photographs showing the dharna to prove that at that time no incident was occurred as alleged by the complainant. The accused has also filed copies of paper publication, which provides that the said agitation was conducted to stop some constructions and the accused informed that the complainant attacked him and when questioned, the complainant narrated as to what is claimed by him. It is further according to the accused that a Summary Trial Case was booked against the defacto complainant in S.T.C.No.59 of 2008 and the police filed charge sheet before the Court of Judicial Magistrate of First Class, Sirclla and he was convicted and sentenced to pay a fine of Rs.800/- and accordingly he paid the fine, in respect of which, the A.P. State Human Rights Commission, Hyderabad passed order dated 21.1.2009 in H.R.C.No.2353 of 2008, which is filed before the court. On the other hand, it is contended on behalf of the defacto complainant that the corresponding criminal case is pending and the order dated 21.1.2009 in H.R.C.No.2353 of 2008 concerned with S.T.C.No.59 of 2008 is a different one and there is no basis to say that STC.No.59 of 2008 is related to the same incident. Having heard the learned counsel on both sides and perused the record, I am of the view that there are clear allegations against the accused of abusing the defacto complainant with reference to his caste, supported by the record. Further, there is no basis to say that S.T.C.No.59 of 2008 is related to the same incident and the defacto complainant filed certified copy of proceedings about the pendency of the case. In other words, there is prima facie case against the accused. Hence, there are no merits in the petition and the same is liable to be dismissed. In the result, the criminal petition is dismissed. ________________________ G.KRISHNA MOHAN REDDY, J Dated: 30-12-2011 DA THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.3649 of 2008 30.12.2011 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.3649 of 2008 Date: 30th December, 2011 Between: Biyyankar Srinivas .. Petitioner/Accused And State of A.P., re. by its Public Prosecutor, High Court of A.P., Hyderabad and another. .. Respondents