P. BHASKAR RAJU Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C., the petitioner/accused seeks to quash the proceedings in FIR No. 270 of 2014 of Thorrur PS, Warangal District.

(2.) ON the report given by one Jatoth Gutta of Kistuthanda Chinnavangara, belonging to Scheduled Tribe, the police registered FIR. The allegations are that in respect of lands acquired by his grandfather, the names of complainant and his two brothers were not recorded in revenue records and so, in order to request the accused who is the VRO of their village, to enter their names in the Pahanies, the complainant and his own brother Jatoth Mallaiah went to the house of accused at about 7 AM on 07.10.2014 and requested the accused to enter their in the Pahanies. On that, accused replied that he cannot do that work and they have put up an application to MRO but the complainant and his brother importuned him. On that, it is alleged, the accused grew wild and abused them as Lambada Bastards why you are pestering me in spite of my repeated telling to you.

(3.) A ) Per contra, opposing the petition, learned counsel for 3rd respondent/complainant argued that a perusal of the FIR allegations would clearly show that accused had intentionally insulted the complainant by his caste and if really he were annoyed by the repeated requests of the complainant, he could have shouted at him in a different manner and there was no need of abusing him by his caste which reflects his intention to insult the complainant by his caste. He argued that in deciding a quash petition, the Court has to take the FIR allegations to be true on their face value and then only decide whether such allegations constitute any offence or not but at this stage the Court shall not make a rowing enquiry as to the veracity or otherwise of the FIR allegations. On this aspect he relied upon the decision reported in Swaran Singh and others v. State through Standing Counsel : 2012 (2) ALD (Crl.) 288 (AP).