IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10656 OF 2009 Between: 1. Nelluru Kotaiah 2. Malladi Narendra 3. Malladi Pulla Rao @ Pullaiah 4. Chava Nageswara Rao @ Kooragayala Nageswara Rao ……Petitioners – Accused Nos.2 to 5 AND The State of A.P., through the Sub-Divisional Police Officer, Narasaraopet Sub-Division, Narasaraopet, Guntur District, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. .....Respondent HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10656 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners, accused Nos.2 to 5, seeking to quash the proceedings against them in P.R.C. No.44 of 2009 on the file of Munsif Magistrate, Vinukonda, arising out of Crime No.108 of 2009 of Vinukonda Police Station, Guntur District, registered for the offences under Sections 324 read with 34 IPC and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the SC & ST Act”). 2. Heard. 3. The grievance of the petitioners is that though their names are there in the FIR, there is no allegation against them of committing any acts that would constitute the offence under Section 3(1)(x) of the SC & ST Act. 4. The contention of the learned counsel for the petitioners is correct, but there are other allegations against the petitioners. Such, being the case, there cannot be a different charge sheet against the petitioners for the other offences. Hence, this petition to quash the same is not maintainable. 5. However, if charges are framed against the petitioners for the offence under Section 3(1)(x) of the SC & ST Act, they can challenge the same and they can also file a petition for discharge of that offence before the trial Court. 6. With the above directions, the Criminal Petition is dismissed at the admission stage itself. ____________________ P. SWAROOP REDDY, J December 18, 2009. PV