HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.5871 of 2007 Date:08.07.2010 Between: Singa Srinivas Rao and 13 others …Petitioners/A1 to A-14 And State of A.P. rep. By P.P., Hyderabad and another …Respondents HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.5871 of 2007 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioners/A-1 to A-14 to quash the entire proceedings in P.R.C.No.91 of 2007 in Crime No.21 of 2007 (Police Station, Charla) on the file of the Judicial Magistrate of First Class, Bhadrachalam. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor representing the State. The petitioners/A-1 to A-14 are accused in P.R.C.No.91 of 2007. According to the prosecution on 04.03.2007 at about 1930 hours at Gommugudem village of Charla mandal when Vijaya Kumar, the brother of the de facto complainant went to kirana shop along with Naresh and Kiran, Singa Srinivas Rao, Koppula Sreenu and Narra Rajesh who were in a drunken state came there and beat them, thereafter there was an altercation between them and during the course of which Singa Srinivas Rao (A-1), Koppula Sreenu and Narra Rajesh (A-2) beat Vijay Kumar. On 04.03.2007 at about 1900 hours one Babu Rao, Vijaya Kumar, Narasimha Rao and Ravi went to Kirana shop at Gommugudem where Madan Mohan Reddy (A-6), Billapalli Shanker Reddy (A-3), Surender Reddy @ Peddi Reddy (A-5), Santhapuri Satyam, Singa Srinivas Rao (A-1), Singa Ganapathi (A-4), Pujari Venkateswarlu (A-11) and Angari Subba Rao (A-12) came there, abused them in filthy language naming their caste as “Mala Lanjakodukulara Mee Dikku Unnakada Chappukondi” by sprinkling chilli powder in their eyes and beat them with sticks. It is further alleged that Avula Laxminarayana (A-13) and Brahmananda Reddy (A-14) who were present there, instigated the remaining accused. The learned counsel appearing for the petitioners would submit that though in the F.I.R. apart from other sections of law, Section 307 IPC is mentioned, at the time of filing charge sheet, the investigating officer added section 324 IPC and therefore, virtually the offence as could be seen from the statements of the witnesses recorded under Section 161 Cr.P.C. is only 324 IPC but not the one punishable under Section 307 IPC. Therefore, the said offence i.e. 307 IPC has to be deleted. I am unable to accede to the submission made by the learned counsel since at the time of preparing of charges, the said issue can be raised before the trial Court and this Court is not supposed to quash the offence punishable under Section 307 IPC from the charge sheet. Nextly the learned counsel submits that except mentioning that the accused Nos.1 to 12 uttering words “Mala Lanjakodukulara Mee Dikku Unnakada Chappukondi”, there is no other material attracting the offence under Sections 3(1) (x) and 3(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. I also do not agree with the said submission because the entire case record if considered as a whole, prima facie discloses an offence punishable under Sections 3(1)(x) and 3(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 committed by A-1 to A-12. However, so far as the petitioners 13 and 14 (A-13 & A-14) are concerned, except a stray word in the F.I.R., charge sheet as well as the statements of the witnesses that these two petitioners Nos.13 and 14 (A-13 and A-14) instigated the remaining accused, nothing has been stated in which manner they instigated the remaining accused. Basing on the said bald and sweeping statement by the prosecution against the petitioners/A-13 and A- 14, I think that it is not proper to make them to face the trial. At the time of hearing of the petition, the learned counsel appearing for the petitioners would submit that the petitioners/A-13 and A-14 were added they being the elders of the village. In any event, it is not possible for the prosecution to secure conviction against the petitioners/A-13 and A-14 even if the matter is tried because absolutely there is no material gathered by the investigating agency as to the actual role played by them in the commission of the offence. If they are allowed to face the trial, it amounts to abuse of process of law. Consequently, all the proceedings in P.R.C.No.91 of 2007 in Crime No.21 of 2007 (Police Station, Charla) on the file of the Judicial Magistrate of First Class, Bhadrachalam insofar as the petitioners 13 and 14 (A-13 and A-14) are concerned, are hereby quashed. The stay already granted insofar as the petitioners 13 and 14 (A-13 & A-14) shall be vacated. The trial shall be proceeded with only against A-1 to A-12 (the petitioners 1 to 12). It is further made clear that any of the observations by this Court are only limited for the purpose of disposing of this petition and they shall have no bearing on the trial of the case and the learned Judge shall independently deal with the evidence without being influenced by the observations made in this petition. The criminal petition insofar as the petitioners 1 to 12 concerned, is dismissed. With the above observations, the criminal petition is partly allowed. _______________ R.KANTHA RAO,J Date:08.07.2010 ccm HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.5871 of2007 Date:08.07.2010