P. ANJI BABU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD Sri K.S. Murthy, learned counsel for the petitioner, and the learned Government Pleader for Home appearing for the respondents 1 to 3.

(2.) THIS writ petition is filed by the petitioner seeking a writ of mandamus to declare the action of the respondents in altering FIR.No.178 of 2008 dt.28.10.2008 of Tuni Town P.S., East Godavari District, on 08.12.2008 as illegal and unconstitutional and consequently to quash the FIR.No.178 of 2008 dt.28.10.2008 of Tuni Town P.S., East Godavari District as altered on 08.12.2008 .

(3.) IT appears that 6th respondent lodged a complaint on 08.12.2008 before 2nd respondent stating that petitioner abused her by her 'caste' name; pursuant to the said complaint, 2nd respondent endorsed and forwarded the same to 3rd respondent and on receiving the same, 3rd respondent added a charge under Section 3 (i)(x) of the SC and ST (Prevention of Atrocities) Act, 1889, (for short, the 'Act') and forwarded it to the Sub -divisional police officer, Kakinada for investigation. After investigation by the police, a charge -sheet in PRC.No.4 of 2009 was filed before the Judicial Magistrate of the I Class, Tuni, against petitioner for offences punishable not only under Section 324, 323 and 509 IPC but also under Section 3(i)(x) of the Act.