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High Court for State of TelanganaCRLP/6578/2011allowed no costs

Kandula Muni Reddy v. The State Of Andhra Pradesh,

2017-10-06T.Amarnath Goud2 pages

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CRIMINAL PETITION NO.6578 OF 2011 ORDER:

The Criminal Petition is filed under Section 482 of the Criminal Procedure Code to quash the proceedings in Crime No.46 of 2011 on the file of Police Station, Boinipalli, Karimnagar District, registered for the offence punishable under Section 3(1)(x) of the Schedules Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act).

2.

The case of the respondents is that on 10.07.2011 at about 12.00 pm., when the second respondent/de facto complainant found the petitioner ploughing the road leading to the fields, he questioned the petitioner for the same, for which, he abused the second respondent in the name of his caste and thus, the second respondent filed a complaint and the Police registered the above said crime.

3.

Heard both sides.

4.

A fair reading of the contents of the complaint do not disclose the requirements under Section 3(1)(x) of the Act, as the words used by the petitioner, according to the second respondent, are not addressing him personally. A vague statement cannot be taken into account for taking cognizance.

5.

The Criminal Petition is accordingly allowed, quashing the proceedings in Crime No.46 of 2011 on the file of Police Station,

Boinipalli, Karimnagar District. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ T.AMARNATH GOUD, J Date: 06-10-2017 TJMR