THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.5406 of 2010 16th November, 2011 Between :- Gadula Sekhar .. petitioner And The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and others .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.5406 of 2010 ORDER:- This petition has been taken out under Section 482 Cr.P.C. to quash the First Information Report in Crime No.97 of 2010 of Vizianagaram II Town P.S., Vizianagaram. The petitioner entered into Construction Agreement with the 3rd respondent where-under the petitioner undertook to construct house as per the specifications indicated in the agreement. The 3rd respondent completed the construction and demanded payment of the balance amount of Rs.62,000/-. According to the 3rd respondent, he went to the house of the petitioner on 26-4-2010 at 10.00 A.M., to demand the balance amount of Rs.62,000/- payable to him under the Construction Agreement dated 18-9-2009. It is alleged that the petitioner herein along with his wife and son abused the 3rd respondent by naming his caste and threatened him with dire consequences if he insists for balance amount under the Construction Agreement. The 3rd respondent presented a report before the Station House Officer, Vizianagaram II Town P.S., Vizianagaram, on 16-5-2010. The Station House Officer, Vizianagaram II Town P.S., Vizianagaram, received the report and registered a case in Crime No.97 of 2010 for the offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 and Sections 323 and 506 (II) of I.P.C. and issued F.I.R. Hence, this petition by A.1 in Crime No.97 of 2010. Heard learned Counsel appearing for the petitioner and perused the material brought on record. Learned Counsel appearing for the petitioner submits that the dispute between the petitioner and the 3rd respondent is purely civil in nature relatable to the Construction Agreement dated 18-9-2009 and therefore registration of the crime for the offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 is solely unwarranted. Learned Counsel further submits that the grievance of the 3rd respondent in his report appears to be recovery of the amount from the petitioner herein which is not within the purview of the concerned police. I have gone through the report presented by the 3rd respondent. The incident that occurred on 26-4-2010 has been stated in the report. It is averred in the report that when the 3rd respondent went to the house of the petitioner herein, he has been abused naming his caste and he has been threatened with dire consequences. The report also indicates the name of the person who witnessed the incident. Such is the specific accusation levelled against the petitioner herein in the report presented by the 3rd respondent, investigation in Crime No.97 of 2010 on the file of Vizianagaram II Town P.S., Vizianagaram, cannot be interdicted at this stage. Accordingly, the Criminal Petition is dismissed. As sequel to it, interim stay granted on 23-6-2010 is hereby vacated. _________________________ B.Seshasayana Reddy, J 16th November, 2011 smr