THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.20310 OF 2007 Dated 14th February, 2008 Between: Kancharla Bhushanam …Petitioner And The Station House Officer, Pamidimukkala Police Station and Four others …Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.20310 OF 2007 O R D E R: Heard learned counsel for the petitioner and learned Government Pleader for Home. In this writ petition, the petitioner seeks directions by way of Mandamus declaring the action of the first respondent in not registering the crime against respondents 2 and 3 for the offence under Section 3(1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”) as illegal and arbitrary. The petitioner lodged a complaint with the police on 01-06-2007 stating that when he was feeding his cattle, in his leasehold lands, on 01-06-2007, respondents 2 and 3 abused him by mentioning his caste. It is the case of the petitioner that though the complaint attracted the provisions of the Act, but however, the case was registered and the first information report was issued only for the offences under Section 324 IPC and Section 7(1) of the Protection of Civil Rights Act. Counter-affidavit was filed by respondent No.5 stating that in Crime No.45 of 2007, which was registered pursuant to the complaint lodged by the petitioner dated 01-06-2007, charge sheet was filed against respondents 2 and 3 for the offences under Sections 324 IPC and Section 7(1) of the Protection of Civil Rights Act, but the same was returned with certain objections. It is further stated that as there was no evidence to prove that respondents 2 and 3 abused the petitioner by taking his caste, no case is registered against them for the offence under Section 3(1) (x) of the Act. Merely because the petitioner has mentioned the violation of the provisions of the Act, it is not necessary for the police to register the case by accepting the allegations as complained of. It is always open to the police to make a preliminary investigation before registering the case and issuing the first information report. Even otherwise, if the petitioner is aggrieved, he can protest the contents of the final report by way of an application before the competent Magistrate. Apart from the same, the petitioner can also file a private complaint under Section 190 Cr.P.C to be tried under Section 200 Cr.P.C. In this view of the matter, I do not find any merit to entertain this writ petition. Abundant remedies are available to the petitioner for redressal of his grievance under the Code of Criminal Procedure itself. Therefore, keeping it open to the petitioner to avail the remedies available to him under the Code of Criminal Procedure, the writ petition is dismissed at the stage of admission. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 14th February, 2008 vrn