THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL REVISION CASE No.489 OF 2009 ORDER: The revision is ﬁled against the order of the Judicial Magistrate of I Class, Pathikonda, in the protest petition in Crime No.19 of 2007 of Police Station Jannagiri. 2. On a complaint given by the revision petitioner, a case in Crime No.19 of 2007 was registered by the Police Jannagiri for an oﬀence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and after investigation the police have referred a case as a false one. Objecting to the said report of the police a protest petition was ﬁled contending that the investigation is not properly done. Thereafter, the Court below has recorded the statements of three witnesses and also found that there is variation in their statements and the case cannot be taken on ﬁle and accepted the ﬁnal report. Aggrieved by that, the present petition is filed. 3. The point for consideration is whether the order of the lower Court is legal and sustainable? 4. POINT: As can be seen from the complaint on 08.04.2007 the incident is said to have happened at about 10.00 A.M., when there was a dispute with regard to the enjoyment of the property, accused is said to have abused by caste as ‘Sugali Mundallara’ and A.1 to A.3 are said to have manhandled. The report of the police goes to show that the statements of the witnesses were recorded. As can be seen from the ﬁnal report of the police, on 08.04.2007 the accused persons were sent to the ﬁeld along with the Police Constables for ploughing of the same and there was no quarrel at that time. The accused claims to have got the land by virtue of the decree of the Court. Therefore, the Investigating Officer concluded that it is a false case. 5. So far as the evidence of the statements recorded by the Court below is concerned, the Court felt that the reliability is less and there are some inconsistencies. This Court has to take into consideration the ﬁnal report, which clearly goes to show that by the alleged time of incident, the accused are said to be gone to the land along with the Police Constables. Therefore, it clearly goes to show in order to cause inconvenience the accused persons, who got the land by virtue of the decree of the Court, the false claim is said to have been made and the investigation done by the Police appears to be proper and the learned Magistrate has applied mind in assessing the evidence of PWs.1 to 3 and accepted the ﬁnal report. I do not ﬁnd any inﬁrmity in the order of the lower Court. Accordingly, the Criminal Revision Case is dismissed. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:03-12-2011 INL