under Section 323 I.P.C. and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 = Under Section 3(1)(x) of the Act, whoever not being a member of Scheduled Caste or a Scheduled Tribe, intentionally insults or intimidates with intent to humiliate a member of Scheduled Caste or a Scheduled Tribe in any place within a public view is an offence punishable. The allegation is that the petitioner along with some others abused the de facto complainant and two others in the name of their caste, assaulted and beat them. Therefore, prima facie an offence under Section 3(1)(x) of the Act is made out and there are no grounds to quash the proceedings in the aforesaid P.R.C.

CRLP 77 / 2013

CRLPSR 194 / 2013

PETITIONER RESPONDENT MR.B.NEDUCHEZHIAN @ B.NADINJAYAM @ NADIAM, CHITTOOR.,   VS E.LATHA, CHITTOOR DT., AND ANR, REP PP., PET.ADV. : CHINTAPALLI SRINIVAS RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: U/s.482 Cr.p.c Quash the P.R.C DISTRICT:  CHITTOOR

FILING DATE:  03-01-2013 POSTING STAGE :  FOR ADMISSION DISPOSED ON  :  04-01-2013  DIS REG. DATE    :   03-01-2013 LISTING DATE :  04-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): K.C.BHANU

HON’BLE SRI JUSTICE K.C. BHANU

CRIMINAL PETITION No. 77 of 2013

ORDER:

The present petition is filed to quash the proceedings in P.R.C.No.4 of 2012 on the file of Judicial First Class Magistrate, Nagari, Chittoor District.  The petitioner herein is arrayed as accused No.7 in the above case.

2.       It is alleged that on 25.04.2010 at about 9 a.m. while
de facto complainant and two others were proceeding to the Congress party office, the present petitioner along with others abused the de facto complainant and two others as ‘Mala Lanjallara’, obstructed them and beat them with hands.  Accused No.1 slapped on the cheek of de facto complainant. Basing on the complaint, a case was registered under Section 323 I.P.C. and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’) and  after completion of investigation, police filed Charge sheet. 

3.       Three witnesses were examined to speak about the incident.  Under Section 3(1)(x) of the Act, whoever not being a member of Scheduled Caste or a Scheduled Tribe, intentionally insults or intimidates with intent to humiliate a member of Scheduled Caste or a Scheduled Tribe in any place within a public view is an offence punishable.  The allegation is that the petitioner along with some others abused the de facto complainant and two others in the name of their caste, assaulted and beat them.  Therefore, prima facie an offence under Section 3(1)(x) of the Act is made out and there are no grounds to quash the proceedings in the aforesaid P.R.C.

4.       Accordingly, the Criminal Petition is dismissed.

          Criminal Miscellaneous Petitions pending in this Criminal Petition, if any, shall stand dismissed.

_______________________

JUSTICE K.C. BHANU

4^th January, 2013

Anr/PN

                             

 HON’BLE SRI JUSTICE K.C. BHANU

                                                               

                                             

CRIMINAL PETITION No. 77 of 2013

                                                                               

Date: 04.01.2013

                                     

Anr/PN