Chiluka Pentaiah v. The State Of Ap., Repby Its P.P And Anothers

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.7 8 8 6 of 2 0 1 1 ORDER:

The criminal petition is filed for quash of the proceedings in Cr.No.103 of 2011 on the file of the Station House Officer, Chandurthy Police Station, Karimnagar District. The offence alleged is under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1890.

2.

Heard the counsel for the petitioner and the learned Public Prosecutor appearing for the first respondent. None appears for the second respondent. In fact, the notice was refused by the second respondent.

3.

The counsel for the petitioner mainly relies on one lapse on the part of the complainant to mention that the accused was not a member of the Scheduled Caste or a Scheduled Tribe. The counsel relies on a decision of the Supreme Court in GORI GE PENTAI AH v. STATE OF ANDHRA PRADESH 1 wherein the Supreme court held as para 6 as under:

"6 . In the instant case, the allegation of respondent No.3 in the entire complaint is that on 27.5.2004, the appellant abused them with the name of their caste. According to the basic ingredients of Section 3(1)(x) of the Act, the complainant ought to have alleged that the accused-appellant was not a member of the Scheduled Caste or a Scheduled Tribe and he (respondent No. 3) was intentionally insulted or intimidated by the accused with intent to humiliate in a place within public view. In the entire complaint, nowhere it is mentioned that the 1 (2008) 12 SCC 531

accused-appellant was not a member of the Scheduled Caste or a Scheduled Tribe and he intentionally insulted or intimidated with intent to humiliate respondent No. 3 in a place within public view. When the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law."

The counsel contends that the complainant had no where in the complaint mentioned that the accused is not a member of the Scheduled Caste or a Scheduled Tribe.

In the light of the above legal position, the criminal petition is allowed and the further proceedings in Cr.No.103 of 2011 on the file of the Station House Officer, Chandurthy Police Station, Karimnagar District, against the petitioner, are hereby quashed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed. __________ T. RAJANI, J August 14, 2018 DSK