M.D. Ramesh v. The State Of Telangana.,Rep.,Pp
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.8526 of 2015 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.160 of 2013 of Saidabad Police Station, Hyderabad District, registered for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SCs and STs Act) on the ground that the petitioner/A.2 also belongs to Scheduled Caste and the provisions of SCs and STs Act are not applicable, since both the petitioner and the de facto complainant belong to the same community. 2.
It is the case of the de facto complainant that the petitioner/A.2 who is working as Assistant Machine Man along with others entered into his chamber at 11-20 a.m. during office hours and picked up heated arguments with him and forced him to sign on the compensation register. Immediately the de facto complainant questioned the petitioner/A.2 to hand over all the godown keys, which were in his charge since 31.08.2012 and in spite of repeated demands, the petitioner/A.2 failed to submit the same and then, the petitioner/A.2 shouted against the de facto complainant aggressively, manhandled and assaulted him in the presence of his colleague officer, viz., Sri G.Narsing Goud, who is the main culprit in the episode and uttered as "POTTA KOOTI KOSAM VACHINA VAALLU POTTA NIMPUKONI POVALI. ANTHEY KAANI MAAKU EE PANI CHEPPAKUDADU. MARIYU SC NAAKODUKU MAMMALNI SATHAISTHUNNADU".
MSM, J CRLP No_8526_2015 On the strength of the same, the present crime was registered against the petitioner/A.2 and others for the offence punishable under Section 3(1)(x) of the SCs and STs Act without mentioning the details of the caste of the petitioner/A.2.
3.
During hearing, learned counsel for the petitioner/A.2 produced Community, Nativity and Date of Birth Certificate dated 14.12.2011 issued by the Tahsildar, Secunderabad Mandal, Hyderabad District, certifying that Sri M.D. Ramesh, son of M.D.Venkata Swamy, resident of D.No.6-4-190/A, Bolakpur, Secunderabad, Bholakpur Village/Town, Secunderabad Mandal, Hyderabad District, belongs to 'Madiga' community, which is recognized as Scheduled Caste under The Constitution (Scheduled Castes) Order 1950 - The Constitution (Scheduled Tribes) Order 1950. The said certificate is suffice to conclude that the petitioner/A.2 also belongs to Scheduled Caste and when the de facto complainant and the petitioner belong to the Scheduled Caste, it would not constitute the offence punishable under Section 3(1)(x) of the SCs and STs Act.
4.
Section 3(1)(x) of the SCs and STs Act deals with the punishment for the offences of atrocities against the person belonging to Scheduled Castes and Scheduled Tribes by a person not being the member of Scheduled Castes or Scheduled Tribes. But here, the petitioner/A.2 belongs to Scheduled Caste, i.e., 'Madiga', and, therefore, it would not attract the offence punishable under Section 3(1)(x) of the SCs and STs Act.
MSM, J CRLP No_8526_2015 5.
In any view of the matter, when both the petitioner/A.2 and the de facto complainant belong to Scheduled Caste, continuation of proceedings against the petitioner/A.2 is nothing but an abuse of process of law and, therefore, liable for quashment.
6.
Accordingly, this Criminal Petition is allowed quashing the proceedings in Crime No.160 of 2013 of Saidabad Police Station, Hyderabad District against the petitioner/A.2 for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As a sequel thereto, miscellaneous petitions, if any pending in this petition, shall stand closed. __________________________________ M.SATYANARAYANA MURTHY, J.
Date: 13-12-2016 siva