THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4767 OF 2009 Dated 13-10-2011 Between: Gandi Papayya and another. ..Petitioners. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4767 OF 2009 ORDER: This Criminal Petition is filed by the petitioners seeking to quash the proceedings in F.I.R.No.104 of 2009 of Gollapalem Police Station, East Godavari District, registered for the offence punishable under Section 3 (i) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The brief facts of the case are as follows: The 2nd respondent herein lodged a complaint to the police alleging that he is the president of Harijana Coolie society and the said society is having some land and the 2nd respondent herein ploughed the said land and he paid an amount of Rs.2,000/- towards the ploughing charges. On 29.6.2009 at about 8.30 A.M., while the 2nd respondent was proceeding with one Prabhakar, the petitioners again demanded an amount of Rs.2,000/- and abused him in the name of his caste and also pushed and kicked him. Basing on the complaint given by the 2nd respondent, police registered the same as a case in Cr.No.104 of 2009 for the offence punishable under Section 3 (i) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Now the petitioners have filed this petition seeking to quash the proceedings. Their case is that the 1st petitioner has filed W.P.No.29038 of 2008 with regard to the encroachment of the burial ground and after filing the said petition, the 2nd respondent lodged the complaint against them. It is also his case that they also approached the Collector who in turn issued proceedings to the Tahsildar on 20.12.2009. Learned counsel for the 2nd respondent submits that the recitals of the F.I.R. go to show that the petitioners have committed the alleged offences and no other material will be looked into at this stage. Though it appears that there are disputes between the parties but what is to be examined is whether the allegations made in the F.I.R. even if they are taken as true, make out a case or not. If the allegations do not make out prima facie case, then only, the proceedings can be quashed. But in this case, a perusal of the allegations made in the F.I.R. do not show that no case is made out against the petitioner. Hence, I do not see any reason to quash the F.I.R. and hence, this Criminal Petition is liable to be dismissed. Accordingly, this Criminal Petition is dismissed. ____________________ B. CHANDRA KUMAR, J Date: 13-10-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4767 OF 2009 Dated 13-10-2011