K PADMA REDDY Vs. STATION HOUSE OFFICER BELLAMPALLI

JUDGEMENT

(1.) The petitioner claims to be the President of the Community "Development Society (C.D.S.) of Bellampally Municipality, Adilabad District, established in the year 1998, as part of a Central Government sponsored Scheme. It is her case that a meeting of the Selection Committee comprising of the Chairperson of the Municipality, Commissioner of Municipality, Mandal Revenue Officer, Mandal Vocation Officer and the petitioner has taken place on 21-12-2002 for selection of certain Groups for implementation of the Mid-day Meal scheme. The petitioner contends that at the time when the list of selected groups was about to be typed, the 3rd respondent entered the Chambers of the Chairperson at 8.30 p.m. in an intoxicated condition, abused her and prevented the preparation of the list. The petitioner states that appehending threat to her security, she telephoned to the police. The police is stated to have come in time and on the complaint submitted by the petitioner, a case in Crime No. 109 of 2002 was registered against the 3rd respondent under Sections 290, 306, 384, IPC. The 3rd respondent is said to have been sent to medical examination and that it revealed that he was in an intoxicated condition.

(2.) The 3rd respondent in turn submitted a complaint on the next day i.e., on 21-12-2002 alleging that the petitioner had abused him in the name of Caste and thereby committed an offence under Section 3{l)(x) of S.C./S.T. (Prevention of Atrocities) Act, 1989 (for short, the Act). F.I.R. No. 110 of 2002 was registered on this complaint in I Town P.S., Bellampally. the petitioner seeks the relief of quashing of the same. It is her case that even if the complaint of the 3rd respondent which constitutes the basis for registration of F.I.R., is taken on the face value, it does not disclose any offence.

(3.) A counter-affidavit is filed on behalf of the respondents 1 and 2. It supports the case of the petitioner to the extent of registering F.I.R. No. 109 of 2002 against the 3rd respondent and sending him to medical examination. So far as the F.I.R. No. 110 of 2002 registered against the petitioner is concerned, they submit that the truth or otherwise of the allegations levelled against the petitioner have to be enquired into, only during the investigation and trial of the offence and that no interference is called for at this stage.