IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24982 of 2001 Between: Sri marella Srinivas Reddy, S/o. Raji Reddy, R/o. Dharmaram Village, Maddur Mandal, Waranga District. ..... PETITIONER AND 1 The Station House Officer, Police Station Maddur, Warangal District. 2 Smt. J.Yadamma, W/o. Mallesham, Dharmaram Village, Maddur Mandal, Warangal. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ order or direction one in the nature of Writ of Certiorari to the Respondent no.1 herein by quashing the Cr.No.51/2001 on the file of Station House Officer, Police Station Maddur, Waranga District as illegal, contrary to law. Counsel for the Petitioner:MR.J.C.FRANCIS Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24982 of 2001 ORDER: Petitioner seeks to quash the FIR in Cr.No.51 of 2001 on the file of Station House Officer, Maddur Police Station, Warangal District, registered for the offences punishable under Section 509 IPC and Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”). It is stated that on a complaint made by the 2nd respondent, a case has been registered against the petitioner. It is stated in the complaint that the 2nd respondent being Sarpanch of the village went to the fair price shop of the petitioner on 17-11-2001 at about 12 noon and questioned with regard to incorrect weighing instrument and when she made an attempt to take a photograph, the petitioner scolded the complainant by taking caste name and, therefore, the petitioner alleged to have committed an offence punishable under Section 3(x) of the Act. The Fair Price shop is located at public place and if really the petitioner scolded the complainant by taking caste name, it cannot be said that the provision of Section 3(x) of the Act do not apply. However, it is for the Investigating Officer to investigate and file a report in accordance with law. A perusal of the complaint goes to show that prima facie the allegations attract the offence punishable under Section 3(x) of the Act. In view of the aforesaid facts and circumstances of the case, I do not see any ground to quash the FIR. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 02-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KRD}