CRLP/3649/2008 of Sri Biyyamkar Srinivas, Vs The State of A.P., through P.S., Sircialla , Karimngar Dist. on 30 December 2011

ORAL ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quashproceedings in Crime No.178 of 2008 of Police Station, Sircilla, Karimnagarregistered for offence punishable under Section 3(x) of ScheduledCastes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The petitioner is the Accused and the second respondent is thedefacto complainant in the criminal case. For the sake of convenience, theparties hereinafter will be referred to as they are arrayed in the above crime.

The prosecution case is as follows:

T h e defacto complainant is the resident of Sanjeevaiah Nagar,Sircilla village. On 6.5.2008 at about 12.54 hrs the defacto complainantwent to the municipal office, Sircila and later while he was returning from thesaid office, the accused who was sitting in a tent called him and questionedas to whether Mala Madiga Associations could not support their cause andthen abused him with reference to his caste. Then the defacto complainantquestioned the conduct of the accused, for which the accused abused himas “Mala Lanjakoduka” and pushed him aside. The incident was witnessedby Reddimalla Srinivas, Kodem Srinivas, S.Narsimhulu and others.

The claim of the accused is that the defacto complainant approachedhim and others who were doing dharna in a tent and abused him in a filthyand harsh language and bet him with hands and also kicked himthreatening to book false cases against him under the provisions of SC/ST(POA) Act on that day itself and since there was life threat in the hands ofdefacto complainant, the accused lodged report to the police on 6.5.2008itself, but no action was taken by the police. To support his contention, theaccused has also filed photographs showing the dharna to prove that at thattime no incident was occurred as alleged by the complainant. The accusedhas also filed copies of paper publication, which provides that the saidagitation was conducted to stop some constructions and the accusedinformed that the complainant attacked him and when questioned, the complainant narrated as to what is claimed by him. It is further according tothe accused that a Summary Trial Case was booked against the defactocomplainant in S.T.C.No.59 of 2008 and the police filed charge sheet beforethe Court of Judicial Magistrate of First Class, Sirclla and he was convictedand sentenced to pay a fine of Rs.800/- and accordingly he paid the fine, inrespect of which, the A.P. State Human Rights Commission, Hyderabadpassed order dated 21.1.2009 in H.R.C.No.2353 of 2008, which is filedbefore the court.

On the other hand, it is contended on behalf of the defactocomplainant that the corresponding criminal case is pending and the orderdated 21.1.2009 in H.R.C.No.2353 of 2008 concerned with S.T.C.No.59 of2008 is a different one and there is no basis to say that STC.No.59 of 2008is related to the same incident.

Having heard the learned counsel on both sides and perused therecord, I am of the view that there are clear allegations against the accusedof abusing the defacto complainant with reference to his caste, supported bythe record. Further, there is no basis to say that S.T.C.No.59 of 2008 isrelated to the same incident and the defacto complainant filed certified copyof proceedings about the pendency of the case. In other words, there isprima facie case against the accused. Hence, there are no merits in thepetition and the same is liable to be dismissed.

In the result, the criminal petition is dismissed.

Dated: 30-12-2011DA

________________________G.KRISHNA MOHAN REDDY, J

THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY

Crl.P.No.3649 of 2008

30.12.2011

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

Crl.P.No.3649 of 2008

Date: 30[th] December, 2011

Between:

Biyyankar Srinivas

And

State of A.P., re. by itsPublic Prosecutor, High Court of A.P.,Hyderabad and another.

.. Petitioner/Accused

.. Respondents