IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYNINTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3047 OF 2009 Between: Simhadri Bharati … Petitioner V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents- Complainant Counsel for the Petitioner : Sri Gopalakrishna Kalanidhi Counsel for the Respondent No.1 : Addl.Public Prosecutor Counsel for the Respondent No.2 : Sri CVN Raju The Court made the following: (Order follows next page) THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3047 OF 2009 O R D E R : This Criminal Petition is filed to quash the proceedings in FIR.No. 4 of 2009 of Devarapally Police Station, West Godavari district. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State. 3. A private complaint was filed by the respondent-defacto complainant against the petitioner-accused in the Court of II-Additional Judicial Magistrate of First Class, Kovvur, which was forwarded to Devarapally Police Station for investigation. Thereafter, basing on the allegations made in the complaint, the police registered a case in Crime No.4 of 2009 for the offences under section 3(i) (x) of SCs and STs (POA) Act and section 352, 506 (2) r/w section 34 IPC. 4. It was alleged in the FIR (complaint-petition) that on 29-11-2008 at about 01:00 p.m., while the first respondent was going to fields through the road on the south of Tamara Cheruvu, when he entered southern side road, A-1 to A-4 along with their men were present infront of the tractor of one Andru Suresh, Paka Rattayya (LW-2) was in the driving seat and LW-3 was sitting on the tractor some other persons were present there. The petitioner was armed with a sickle in her hand, abusing LW-2 and jumped from the tractor. Then she hacked with sickle on the left knee of LW-3. When LW-3 tried to get down from the tractor, she hacked on the left hand fore arm and caused severe bleeding injury. LWs 2 and 3 received bleeding injuries. The complainant who was present there questioned the petitioner-A1 as to why she caused injuries to LWs 2 and 3 and when the respondents attempted to take the injured to hospital, the petitioner (A-1) and A-2 to A-4 grew wild against the complainant because of his interference and caught hold of the collar of the complainant and pulled him down. The complainant fell down on the ground and then A2 said that in this village Madigas also are coming against us. This Madiga tried to take the injured to the hospital and that the clothes of the Madiga have to be removed. Thereafter, A-1, A-3 and A-4 removed the shirt of the complainant. A-1 kicked the complainant and also tried to hack with sickle and then LWs 4 and 5 who came there rescued the complainant from the hands of the accused. Basing on the above said material, the police registered a case in Crime No.4 of 2009 for the offences under section 3 (i) (x) of SCs and STs (POA) Act and section 352, 506 (2) r/w section 34 IPC. 5. It is submitted on behalf of the petitioner that there is another case in FIR.No.221 of 2008 wherein ten persons who are related to the petitioner (A-1) were made accused at the instance of the first respondent-defacto complainant. It is further submitted that there was a civil dispute between the relatives of A-1 who are accused in Crime No. 221 of 2008 and they suffered a decree and they were evicted by the order in ATC.No.78 of 1993 on the file of the Court of Principal Junior Civil Judge, Kovvur in respect of certain agricultural lands situated in Gowripally village, Devarapally Mandal. Aggrieved thereby, they filed CRP.No. 591 of 2004 before this Court and the said CRP was dismissed. 6. Having lost the civil litigation, the accused persons in FIR.No.221 of 2008 implicated the petitioner in this false case. 7. From the bare averments of the complaint-petition, which was registered as FIR.No. 4 of 2009, the allegations levelled against the petitioner-A1 appear to be prima facie false. Further to attract the offence under section 3(i) (x) of SCs and STs (POA) Act, it has to be proved that the petitioner-A1 intentionally insulted or intimidated with an intention to humiliate the respondent-defacto complainant in public view. The incident in this case happened in the fields and it cannot be said that it took place within the public view. Further even the entire allegations mentioned in the complaint are considered to be true, the requisite mensrea i.e., intentionally insulting or humiliating the first respondent-complainant is not made out. This is a fit case to quash the FIR in Crime No.4 of 2009 of Devarapally Police Station. 8. Therefore, the entire proceedings in FIR.No.4 of 2009 on the file of Inspector of Police, Devarapally Police Station, West Godavari district, are hereby quashed. 9. The Criminal Petition is accordingly allowed. __________________________ JUSTICE R. KANTHA RAO. 29-09-2011 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION NO. 3047 OF 2009 CIRCULATION No. 21 Date: 29-09-2011 Court Master: I s L Computer No. 43