HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CRIMINAL PETITION No.2688 OF 2008. DATED 28th OCTOBER, 2011 BETWEEN Kandada Gandhari and ors …….Petitioners and The State of Andhra Pradesh, Through the Sub Divisional Police Officer, Vikarabad Sub Division, RR District, rep. by Its Public Prosecutor and anr. ……Respondents HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CRIMINAL PETITION No. 2688 OF 2008: ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed seeking to quash the charge sheet in P.R.C.No. 15 of 2008 on the file of the learned Judicial First Class Magistrate, Vikarabad, Ranga Reddy District. Brief facts of the case are that on 23.11.2007 at 2130 hours the third respondent lodged a complaint in the Police Station, at Nawabpet, alleging that after he was elected as a Ward Member in the Gram Panchayat elections, one Subhan Reddy, father of the first and the third petitioners herein, developed some political grudges against him and under the guise of the same, on 23.11.2007 at about 1900 hours, one Kondala Narender (A.1), son of the said Subhan Reddy came to the house of the complainant and picked up quarrel with the father of the complainant and kicked him. At that time, on seeing the complainant, A.1 abused him by caste name and beat him in black and blue with iron rod and caused injuries to his head. When the mother of the complainant came to rescue him, A.1 beat her also and caused injuries. By seeing the gathering and neighbours of the complainant at the scene of the offence, A.1 fled away. After some time, one Smt.Gandhari, mother of A.1 came there and kicked on the stomach of the complainant’s mother, who was also beaten with sticks by one Balreddy, grandfather of the accused, and, Kiran Reddy, brother of A.1 and further, they had all beaten the father and mother of the complainant and abused them in filthy language by uttering their caste name in the public place. In the meanwhile, L.Ws. 5 to 7, who are said to be the residents of the same village, came there and rescued them from the hands of the accused and thereafter they took the injured to Vikarabad Govt. Hospital for treatment, whereat L.Ws. 13-Medical Officer treated them. On receipt of the complaint basing on the aforesaid incident, the police registered a case in Cr.No. 115/2007 under Sections 324, 323 IPC and Sec. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short ‘ the Act’) and took up investigation and filed charge sheet. The learned Counsel for the petitioner reiterating the averments made in the affidavit filed in support of the petition submitted that neither the FIR nor the charge sheet disclose the hurling of abuse words by the petitioners; that hurling the abusive words in the name of the caste per se will not attract the offence as defined under Section 3(1)(x) of the Act,; and that the petitioners herein did not utter any word abusing the name of the caste of the second respondent-complainant or LWs.2 and 4. In support of his contentions, he relied on the judgment of this Court in Budapap and ors Vs. State of AP, rep. by Public Prosecutor { 2007 (2) ALT (Cr) 106 (AP)}. On the other hand, the learned Additional Public Prosecutor submitted that the charge sheet as well as the complaint disclose that A.1 abusing the complainant, his father and mother in their caste name caused the sever blood injuries and thereafter the petitioners herein came to the scene of offence and caused injuries abusing filthy language. She further submitted that there were some political grudges between the complainant and accused persons and under the guise of the same, to humiliate the complainant, the petitioners and A.1 unnecessarily picked up quarrel at the residence of the complainant and as such, it cannot be said that there is no intention on the part of the accused in using the abusive and filthy language. It is evident from the charge sheet that Accused A1 to A4 are the kith and kin of one Subhan Reddy. As the said Subhan Reddy used to sanction the old age pensions and Indiramma house sites to the public without the knowledge of the complainant who was elected as a Ward Member in the Gram Panchayat elections, the latter objected for the same, due to which, some political grudges developed in between them. While so, A.1, who is the son of the said Subhan Reddy picked up quarrel with the L.W.3 (father of the complainant) and later with the complainant and abused them in filthy language in their caste and beat them with iron rod. On hearing the hues and cries, the LWs 2 and 4 came there and in that process LW.2 was also beaten by the A.1. After some time, A. 3 and A.4 also joined with A.2 and A.3 and A.4 had beaten the LW.2 (mother of the complainant) with sticks on her right eye and right hand wrist. It is obvious that whole episode took place due to the objection said to have been taken by the complainant to the said Subhan Reddy, A1 to A4 have committed the offence. Though the charge sheet did not contain any of the words used by A1 to A3, observing the scene of offence, at this stage, it can not be said that even A1 to A.3 could not have used filthy language while causing injuries to LWs 1 to 3. The manner in which the whole episode took place clearly demonstrates the intention on the part of all the Accused in insulting and intimidating with a view to humiliate the complainant and his family members in filthy and abusive language in their caste name. In as much as the intention is specifically taken root on the part of the accused, there are absolutely no valid or justifiable grounds to invoke the inherent powers of this Court under Section 482 Cr.P.C. to quash the charge sheet in question. Nothing stated herein shall be construed as opinion with regard to the final out come of the case. The Criminal Petition is accordingly dismissed. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 28th September, 2011. Msnro