IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2523 OF 2009 Between: Md. Miskeen @ Miskidduin .....PETITIONER AND The State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2523 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is filed to quash the proceedings in P.R.C.No.15 of 2009 on the file of IV Additional Judicial Magistrate of First Class, Warangal. 2. Respondent No.2/complainant filed a complaint under Section 3 (1) (x) of SCs & STs (POA) Act, 1989, (for short, “the Act”) impleading the petitioner as accused No.1. It is alleged in the complaint that respondent No.2 is the owner of plot bearing No.58, admeasuring 220 square yards, in Survey No.226 situated at Nanditare Nagar, Ramnagar, Hanamkonda, by virtue of registered gift deed. It is further alleged that on 31.08.2008 at about 03:30 PM, one Miskeenuddin alias Misky i.e., the petitioner herein threatened respondent No.2 with dire consequences to quit her possession from the aforesaid plot No.58. It is alleged that the petitioner also threatened respondent No.2 in the name of her caste. It is further alleged that respondent No.2 allegedly went to the society office and requested them to give proper justice, because the plot was under society, and Gopal (Secretary), Sammaiah, Venkataiah (President) and other society members asked her to pay Rs.2,00,000/- and alleged that if the same was not paid, they will support the petitioner. 3. Learned counsel for the petitioner contended that respondent No.2 is trying to convert the civil dispute into criminal prosecution; that it is only a false case foisted to harass the petitioner, who is looking after the open plot bearing plot No.51, which belong to the sister-in-law of the petitioner and therefore, continuation of proceedings against the petitioner is nothing but abuse of process of Court. 4. Heard the learned counsel for the respondents. 5. Inherent powers under Section 482 Cr.P.C. can be invoked when there is an abuse of process of Court or to secure ends of justice or to give effect to the orders passed under the Code. If the allegations in the charge sheet made out a prima facie case for the offence alleged, then the question of quashing the charge sheet does not arises. 6. The case is registered under Section 3 (1) (x) of the Act. Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view, is an offence punishable under Section 3 (1) (x) of the Act. 7. The Sub-Divisional Police Officer, Warangal, conducted investigation and examined as many as six eye-witnesses to the incident. From the material collected by the police, at this stage, it would go to show that the petitioner abused respondent No.2/de facto complainant by the name of her caste. The words allegedly uttered by the petitioner read as follows: “ ‘YEH MALA MADIGA PORI SAMPUTHA, MUNDA LANJA, EKKADA MEDI NADAVADU’, ‘ME KULAMUNU NENU DENGUTA, NENNU SAMPUTHANU NENU’ ” Therefore, at this stage, it is not necessary to test whether the allegations are correct or not. As the prima facie case of alleged offence is made out, the question of quashing the charge sheet does not arise. 8. Accordingly, the Criminal Petition is dismissed. However, it is made clear that observation, if any, made is only for the purpose of disposal of this case and uninfluenced by any observation in this order, the trial Court shall dispose of the case in accordance with law. _______________ K.C. BHANU, J August 13, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2523 OF 2009 August 13, 2010