IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.972 of 2005 Between: Godavarthi Santosh, S/o. G. Appa Rao, R/o. H.No. 8-35/3/B, New Hema Nagar, Near Under Ground Water Tank, Uppal, Hyderabad - 39. ..... PETITIONER AND 1 The Asst. Commissioner of Police, Malkajgiri Sub-Division, Cyberabad, A.P. 2 The Station House Officer, P.S. Uppal, Ranga Reddy District. 3 Gujjula Ramesh S/o. Purushotham R/o. Plot No. 80/A, New Hemanagar, Chilukanagar Hyderabad R3 is impleaded as per court order dt. 16-2-2005 in WPMP 2337 of 2005 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus forbearing the respondents from further proceeding with the case registered against the petitioner under Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No. 666 of 2004 on the file of P.S. Uppal declaring there action as illegal, arbitrary, unjust, contrary to the statutory law and against the principles of natural justice and violation of Article 14, 16 & 21 of the Constitution of India by quashing the FIR dated 25-11-2004 in Crime No. 666 of 2004 on the file of P.S. Uppal and pass such other order or orders as this Honourable Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.CHANDRASEKHAR Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{CHRK} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.972 of 2005 ORDER: The case of the petitioner is that on a complaint filed by the 3rd respondent before the Station House Officer, Uppal PS with regard to the dispute relating to water pipeline alleging that on 24.11.2004 the father of the petitioner Mr.G.Apparao while digging pits for his new water connection, the pipe line connection of the complainant was damaged and the damaged water pipeline was got repaired by the complainant and in that connection, the father of the petitioner touching the caste of the complainant, scolded the complainant. It is stated that there is no any averment made against the petitioner except stating that the petitioner enquired the wife of the complainant stating that “where the complainant has gone and whether he has gone to have bangles”. I have perused the complaint given by the 3rd respondent. The complaint does not disclose any utterances or words said to have been stated by the petitioner touching the caste name of the complainant abused him or scolded him in any vulgar language. Even assuming that the petitioner enquired the wife of the complainant stating that “where the complainant has gone and whether he has gone to have bangles”, it will not come within the purview of Sec.3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’) as there was no any utterances made by the petitioners touching the caste of the complainant. Therefore, I am of the opinion that impleading the petitioner in the above said crime is illegal and against the provisions of the said Act. As there is a clear allegation against the father of the petitioner, the police have rightly registered the crime against the father of the petitioner. In the absence of any specific allegation in the complaint that the petitioner abused the complainant/3rd respondent in the name of the caste, the ingredients of the offence under Sec.3 (1) (x) of the Act are not attracted against the petitioner herein. Therefore, the further proceedings against the petitioner herein in Cr.No.666 of 2004 on the file of P.S.Uppal, under Sec.3 (1) (x) of the Act are not sustainable, and accordingly, they are quashed against the petitioner herein. The proceedings in the above crime, however, be continued against the father of the petitioner by name Mr.G.Apparao,. The Writ Petition is, accordingly, allowed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 12.06.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Asst. Commissioner of Police, Malkajgiri Sub-Division, Cyberabad, A.P. 2 The Station House Officer, P.S. Uppal, Ranga Reddy District. 3 2. 2CCs to 4. 2CD copies