THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2859 of 2007 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in P.R.C. No.29 of 2006 on the file of the I Additional Munsif Magistrate, Narasaraopet, Guntur district. 2. The allegations in the charge sheet would go to show that, on 29.7.2006, the second respondent/complainant acted as an agent in the elections, and at about 1.30 PM, when he was returning to his house after the elections, the petitioners abused him in filthy language using his caste and beat him, and that petitioners 1, 3 and 4 kicked him with legs, and that, when the second respondent went inside his house and bolted doors, all the petitioners hurled stones on his house and abused him in the street by taking his caste, and hence, the charge sheet for the offences punishable under Sections 323, 506 read with 34 I.P.C. and 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The learned counsel for the petitioners contended that subsequent investigation discloses that the defacto complainant has not given any written complaint and that he has not stated anything in the statement recorded under Section 161 (3) Cr.P.C., and therefore, continuation of the impugned proceedings is nothing but abuse of process of court. 4. There cannot be any dispute that inherent powers under Section 482 Cr.P.C. can be exercised when there is an abuse of process of Court or to secure ends of justice or to give effect to any order under the Code. In the first instance, the second respondent lodged a complaint with police alleging that all the petitioners abused him in the name of his caste. Intentionally abusing a person belonging to the scheduled caste or scheduled tribe in the name of his caste in any public place and public view, by a person not a member of scheduled caste or scheduled tribe, is an offence punishable under Section 3 (1) (x) of the Act. Basing on the complaint, police registered the crime, and the investigating officer examined the complainant and other witnesses under Section 161 (3) Cr.P.C. At that stage, the complainant has given a complete go by, to his earlier version made in the F.I.R. Whether the defacto complainant lodged the original complaint dated 29.7.2006 or whether he subscribed his signature on blank papers and the persons who are in inimical terms with the petitioners created contents in the said blank papers, are the questions of fact which are required to be established before the trial Court. Whether the allegations in the F.I.R. which were resiled by the complainant are true or not, cannot be tested exercising the powers under Section 482 Cr.P.C. In view of the fact that the allegations in the charge sheet make out a prima facie case for the offences alleged, the question of quashing the same at this stage does not arise. 5. The Criminal Petition is devoid of merit and is, accordingly, dismissed. ----------------------- (K.C.Bhanu, J.) 08.07.2009 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2859 OF 2007 Date: 8.7.2010 Between: Gadela Bharat & others …Petitioners And State of Andhra Pradesh, rep. by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2859 of 2007 8.7.2010