G VSOMAYAJULU Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner who is accused in P.R.C. No. 44/05 on the file of Judicial First Class Magistrate, Anantapur, seeks for quashing of the proceedings by invoking the inherent powers of this court under Section 482 of the Code of Criminal Procedure.

(2.) The petitioner/accused was charge-sheeted for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act").

(3.) On a complaint made by the second respondent-defacto complainant that the petitioner/accused abused him with an intention to humiliate him, the police registered the crime and after due investigation laid charge-sheet stating that on 7-8-2004 at about 10 a.m. while the defacto-complainant, who is a member of Scheduled Caste and working as Technician in X-ray Department in Apollo Hospital, Court Road, Anantapur, was on duty, the accused went to the scanning room and slapped him on the pretext that he did not clean the dust on the scanning machine and abused him in the name of his caste by uttering the words "ERA MADIGA LANJA KODAKA, NEEKU ENTA KOWURA, THAKKUVA JATHIKI EEKUVA KOODU VESTHE INTHERA". Having humiliated he did not attend to the official duties for two days. Again on 12-8-2004 when the defactc complainant attended to his duties, his co-employee Suresh enquired with him for his unhappiness. Then the defacto complainan' stated what had happened on 7-8-2004. Both of them went to the Chambers of the accusecd and questioned him about his highhanded acts. The accused grew wild and abused the defacto complainant in the name of his caste uttering the words "AVUNURA EE VENKATESH MADIGA LANJA KODUKUNU INKA KODUTHANU THITTUTHANU....MEEKU DIKKU VUNNA CHOTA LCHEPPUKO PONDI". L.Ws. 3 and 4 who were present at the visitor's hall witnessed the incident. Thus, the accused committed an offence punishable under Section 3(1)(x) of the Act. The Committal court took cognizance of the same and issued process. On issued process, the petitioner/accused moved this court by filing the present petition.