HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:5484 OF 2010 ORDER: This a petition to quash the proceedings in Crime No.121 of 2010 registered on 14.6.2010 by Puttur Police, against the petitioners herein for the alleged offences punishable under Sections 323 and 506 IPC and Section 3 (1)(x) of S.C. & S.T. (POA) Act. Brief facts are that on 3.4.2010 at about 11.00 a.m., while the defacto-complainant, who is arrayed as 2nd respondent herein, was going to his fields, he found the villagers of Maratigate gathered and kept the boulders (stones) on the road leading to Madigamoola. On enquiry, he came to know that they are obstructing the quarry operations of one Chandrasekhar Naidu of Tamil Naidu as the transportation of the quarry during day and night causes lot of pollution. While so, the petitioners attacked the 2nd respondent and beat him highhandedly, abused him in filthy language in the name of his caste and threatened him, in the presence of other villagers and Police Constable, in view of previous land disputes between him and the 1st petitioner. Then, the 2nd respondent gave a report before the Puttur Police Station and the same was registered as a case in Crime No.121 of 2010 against the petitioners herein for the offences as stated supra and the same is questioned in this petition. On 23.6.2010, while ordering notice before admission, this Court permitted the learned Counsel for the petitioners to take out personal notice to the 2nd respondent and file proof of service. Accordingly, a notice was sent. But however, the same was returned unserved with an endorsement that the party refused. In the light of the said refusal, it is deemed that the notice was served on the 2nd respondent. Heard the learned Counsel for the petitioners and the learned Public prosecutor. The main contention of the learned Counsel for the petitioners is that on an earlier occasion, the 2nd respondent herein gave a report on 17.9.2009 making out the very same allegations and the said police registered a case in Crime No.159 of 2009. After investigation, the same was referred as false and accordingly, a report was furnished to the concerned Judicial Magistrate. As the 2nd respondent had not chosen to contest the matter by filing a protest petition, the matter was closed. Subsequently, a report was given on 14.6.2010 stating that on 3.4.2010 again the petitioners abused him in the name of his caste. It is further submitted that intentionally, the 2nd respondent is giving false reports only to harass the petitioners herein. In the light of the said submissions, this Court looked into the material papers filed along with this petition. From the perusal of the said material papers, it is clear that on earlier occasion, a case in Crime No.159 of 2009 was registered on 17.9.2009 and the same was referred as false and it was closed for the reason that the 2nd respondent had not taken necessary steps. Now, the present complaint has been registered on 14.6.2010 and the date of offence is 3.4.2010. From the above, it appears that there is some force in the contention put forth by the learned Counsel for the petitioners. Of course, it cannot be said that the alleged offence does not take place again and again. When the police referred the earlier case i.e., Cr.No.159 of 2009 and submitted a final report, the 2nd respondent ought to have contested the matter by filing a protest petition. However, he has not done so. Further the 2nd respondent refused to receive the notice. This itself indicates that the 2nd respondent is not interested in the matter. In those circumstances, this Court has no hesitation to come to the conclusion that the continuance of the proceedings is nothing but an abuse of process of the Courts and therefore, the proceedings against the petitioners in Crime No.121 of 2010 can be quashed. Accordingly, the Criminal Petition is allowed. ______________________________ Justice Gopala Krishna Tamada Dated: 18.1.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:5484 OF 2010 18.01.2011 .