In this criminal petition for quashing proceedings under Section 3(1)(x) of the SC/ST Act, the Court held that the complaint lacked allegations of insulting the second respondent via caste name in public, making it a fit case to quash.
The proceedings initiated against the petitioners in Crime No.24 of 2009 of Nellore-I Town Police Station are hereby quashed.
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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CRIMINAL PETITION No.3554 of 2009
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.24 of 2009 on the file of Nellore-I Town Police Station.
The aforesaid crime is registered against the petitioners for the offence punishable under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the complaint lodged by the second respondent herein.
The second respondent, who is a fair price shop dealer for distribution of essential commodities, lodged a complaint before the police alleging that on 25.02.2009, the petitioners, who are the cardholders, approached her for supply of kerosene and at that time, she was not able to supply the same due to non-availability of the stock, as such, they abused her by mentioning the caste name.
I have perused the contents of the complaint lodged by the second respondent.
Though the crime is registered against the petitioners for the alleged offence, a perusal of the contents of the complaint does not indicate any allegation of abusing the second respondent by the petitioners by mentioning the caste name with an intention to insult her in the public. In the absence of such allegation, there is no basis for registering the crime against the petitioners for the alleged offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Even the contents of the complaint lodged by the second respondent are taken on face value, it will not attract the offence alleged, as such, this Court is of the view that it is a fit case to quash the criminal proceedings initiated against the petitioners.
For the aforesaid reasons, the proceedings initiated against the petitioners in Crime No.24 of 2009 of Nellore-I Town Police Station are hereby quashed.
______________________ R.SUBHASH REDDY, J 14th DECEMBER, 2011.
kvni
1 issue framed by the court
Whether the absence of an allegation of abusing the second respondent by mentioning the caste name to insult her in public warrants for quashing the proceedings.
2 provisions across 2 enactments
Petitioners
Second Respondent
R.SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
