HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4037 of 2010 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 to 6, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in P.R.C.No.1 of 2010 on the file of the Judicial Magistrate of First Class, Kota, SPSR Nellore District, for the offences punishable under Sections 447, 427, 506 r/w 34 IPC and Section 3(1) (x) of the SCs & STs (POA) Act (for short “the Act”). 2. The accusations leveled against the petitioners are of criminal trespass into the land of L.W.7, damage of crop to a tune of Rs.40,000/- and abuse of L.Ws.1 and 2, touching their caste and threatening them with dire consequences. 3. Heard both sides. 4. The main contention raised by the learned counsel for the petitioners is that civil suits are pending between L.W.7 and the present petitioners and in order to settle the civil disputes, the present complaint is lodged by the 2nd respondent-defacto complainant at the instigation of L.W.7. But, to substantiate the same, the learned counsel did not place any material before the Court except his submissions. 5. This Court perused the record and also the documents filed. 6. The allegations made against the petitioners are that they entered into the field of L.W.7 and when L.W.1 and his wife L.W.2 questioned, the petitioners threatened them and also abused them in filthy language touching their caste and uttering the words “MADIGA NAKODAKA COOLY NAA KODUKUVI GURRAMKONDA VADIVI” and “MADIGA LANZA”. On perusal of the first information report and also the charge sheet, nowhere it is stated how the petitioners are aware of the fact that L.Ws.1 and 2 belong to S.C. and there is no specific averment against anyone of the petitioners directly to attract the offence under Section 3(1)(x) of the Act. Further, it is not on record those who uttered such words to implicate them for the offence under Section 3(1)(x) of the Act. In the absence of any indication or direct evidence against the petitioners in connection with the offence under Section 3(1)(x) of the Act, this Court is of the view that the present complaint pending on the file of the Ozili Police Station, Nellore District, for the offence under Section 3(1)(x) of the Act is preferred with an intention to settle the civil disputes. Hence, the offence under section 3(1)(x) of the Act is liable to be quashed and as far as the other offences are concerned, it is for the trial Court to decide the issue after completion of trial. 7. In the result, the Criminal Petition is allowed in part and the offence under Section 3(1)(x) of the Act is hereby quashed and the learned Magistrate is directed to proceed further in the matter against the petitioners for the offences under Sections 447, 427, 506 r/w 34 IPC. _____________ RAJA ELANGO, J 25th January, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4037 of 2010 (Partly allowed) 25th January, 2011 CBS