THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4454 of 2010 ORDER: Petitioners approached this Court with a prayer to quash the proceedings initiated against them in P.R.C.No.3 of 2010 on the file of the Additional Judicial Magistrate of First Class, Bobbili, Vizianagaram District, wherein the accused are arrayed as Accused Nos.1 and 2 for the offence punishable under Section 3 (1) (x) of SC & ST (POA) Act. The main contention raised by the learned counsel for the petitioners is that the alleged offence has taken place in the house of Accused No.1, therefore, it was not within the public view and the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are not applicable to this case. Learned counsel further submitted that during pendency of this petition, non-bailable warrants are issued against the petitioners. He also submitted that the petitioners are willing to appear before the court below and face the trial, hence the non-bailable warrants may be recalled. Since the contents of the charge sheet disclose that when the defacto-complainant and three others went to the house of Accused No.1 and asked for donation, the accused abused them as “Mala lanja kodukulu, Madiga lanja kodukulu” i.e., in the name of their caste, this Court is not inclined to interfere with the proceedings of the said P.R.C. at this stage. As far as issuance of the non-bailable warrants are concerned, this Court is of the view that the same are issued only to secure the attendance of the petitioners/accused. However, since the petitioners are willing to appear before the court and face the trial, this Court is of the view that the warrants issued against them can be recalled. Accordingly, the petitioners are directed to be present before the learned Magistrate where the said P.R.C. is pending and file an application seeking to recall the warrants. On such petition being filed by the petitioners, the learned committal Magistrate is directed to recall the same on condition of the petitioners executing bonds for a sum of Rs.3,000/- each with one surety and to commit the case on the basis of the said sureties. With the above observation, this criminal petition is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 06.04.2011 v v