B.K. VENKATESULU Vs. MONDEM SUBBAMMA

JUDGEMENT

(1.) The present Criminal Petition has been filed seeking to quash the order dtd. 7/3/2014 passed in C.R.P.No.36 of 2012 on the file the Court of Special Judge for Trial of Offences under the Schedule Castes and Schedule Tribes(Prevention of Atrocities) Act, 1989-cum-V Additional Sessions Judge, Nellore.

(2.) The petitioner herein is the accused. The first respondent filed a complaint before the Chairman, Mandal Legal Services Authority, Gudur, alleging that the petitioner herein scolded in the name of her caste and warned with dire consequences. On the basis of the said complaint, a case in Crime No.31 of 2006 for offences punishable under Sec. 3(i)(x) of Schedule Castes and Schedule Tribes(Prevention of Atrocities) Act (for short 'S.Cs and S.Ts(POA) Act') was registered and after conducting investigation, final report was filed before the learned Judicial Magistrate of First Class, Gudur, referring the matter as false.

(3.) The first respondent after receipt of the referred notice, filed a private complaint in C.F.No.1882 of 2007 on the file of the Court of Additional Judicial Magistrate of First Class, Gudur on 2/7/2007. Subsequently, she filed a protest petition on 7/6/2008 in C.F.No.2772 of 2008 before the learned Magistrate. The learned Magistrate prima facie satisfied and took cognizance of the case for the alleged offences against the petitioner herein vide P.R.C.No.1 of 2012 and issued NBW against him by an order dtd. 20/1/2012.