THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2395 of 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in crime no.63 of 2009 of Yerraguntla police station, Kadapa district. 2. The allegation in the complaint is that the petitioners abused the first respondent/ defacto complainant and 3 others in the name of their caste in public place. On the complaint lodged by the first respondent, police registered the case for the offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’). 3. Sri T.Bali Reddy, learned senior counsel appearing for the petitioners contended that, a report is submitted by the Tahsildar, Yerraguntla to the Joint Collector, Kadapa with regard to the community of the first respondent and the three others, which would reveal that they do not belong to scheduled caste community, and hence, the first respondent/defacto complainant and the other three persons, do not belong to scheduled caste community so as to attract the offence punishable under Section 3(1) (x) of the Act, and so, continuation of the impugned proceedings against the petitioners is nothing but abuse of process of Court. 4. On the other hand, the learned counsel for the first respondent contended that, whether the first respondent and the three others belong to scheduled caste community or not, has to be decided and determined during the course of trial, and basing on the documents filed along with this petition, the crime cannot be quashed; that, the first respondent and his family members belong to scheduled caste community i.e. mala caste, and therefore, a prima facie case for the offence alleged is made out, and hence, he prayed to dismiss the Criminal Petition. 5. There cannot be any dispute that inherent powers under Section 482 Cr.P.C. can be exercised when there is an abuse of process of Court or to secure ends of justice or to give effect to any order under the Code. When the allegations in the complaint made out a prima facie case for the offence alleged, the question of quashing the same does not arise. 6. Intentionally abusing a person belonging to the scheduled caste or scheduled tribe in the name of his caste in any public place and public view, by a person not a member of scheduled caste or scheduled tribe, is an offence punishable under Section 3 (1) (x) of the Act. The allegations in the complaint would prima facie go to show that the petitioners abused the first respondent and three others in the name of their caste in a public place. 7. Basing on the documents viz. copy of letter submitted by the Tahsildar, Yerraguntla to the Joint Collector, Kadapa along with forms of caste certificates said to have been issued by the Tahsildar, filed by the petitioners herein, a finding cannot be given in this petition whether the first respondent/defacto complainant and the three others belong to scheduled caste community or not. The said aspect whether the first respondent/defacto complainant and the three others belong to scheduled caste community or backward caste community, has to be gone into by the investigating officer basing on the material collected during the course of investigation. It is for the investigating officer to do investigation in accordance with law. In view of the fact that the allegations in the complaint made out a prima facie case for the offence alleged, the question of quashing the same at this stage does not arise. 8. The Criminal Petition is devoid of merit and is, accordingly, dismissed. ----------------------- (K.C.Bhanu, J.) 05.08.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2395 of 2009 Date: 5.8.2010 Between: Chadipitalla Jaya Rami Reddy & others …Petitioner And Paidikalva Krishnaiah & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2395 of 2009 5.8.2010