CH SRINIVASA Vs. STATE

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in P.R.C. No. 27 of 2012 on the file of the Court of III Metropolitan Magistrate, Cyberabad, L.B. Nagar, Hyderabad in connection with Cr. No. 47/2011 of Uppal Police Station, Cyberabad, registered for the offences punishable under section 3(i)(x) of SC & ST (POA) Act, 1989. The brief facts of the case, which is sought to be quashed, are as follows:

(2.) The incident allegedly took place on 24.01.2011. According to the complainant, at about 6.50 P.M., the petitioner met the complainant near the Notice Board of Extension Building of their office and picked up quarrel with her unnecessarily and abused her in her caste name as "Oh Mala Munda Nee Bathuku Entha, Mala Dana Nuvu Na Meeda Scheduled Caste Commission Ku Report Chestava, Nee Anthu Choostha". When the complainant asked the petitioner as to why he was abusing her unnecessarily, the petitioner again allegedly abused her as "Yeh Mala Lanje, Atla Matlada Vaddu Antava". With the aforesaid allegations, a report was lodged on 25.01.2011 with the Inspector of Police Uppal Circle.

(3.) Basing on her report, a case in Crime No. 47 of 2011 was registered for the offence punishable under Section 3(i)(x) of SC & ST (Prevention of Atrocities) Act, 1989. The Assistant Commissioner of Police, Malkajgiri Division investigated into the case and filed a final report dated 25.01.2011 before the III Metropolitan Magistrate, L.B. Nagar, referring the case as "lack of evidence". Thereafter, the complainant filed a protest petition purportedly under Section 202 of Cr.P.C. before the learned III Metropolitan Magistrate at L.B. Nagar, Cyberabad. The learned Magistrate took cognizance of the offence and issued summons to the petitioner and posted the matter for the evidence of the complainant. The present Criminal Petition is filed to quash the entire proceedings in the said P.R.C.