( 1 ) HEARD both the learned counsel on record.

( 2 ) SRI E. V. Bhagiratha Rao, the learned counsel representing the petitioner-accused would contend that in the light of the documents which are placed before the Court, it is clearthatthe 2nd respondent is a Christian and Christian would not fall under Scheduled caste, so as to attract the provisions of scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for brevity hereinafter referred to as "the Act". The learned counsel also pointed out the relevant offence and had drawn the attention of this court to Section 41 of the Indian Evidence act, 1872 and would maintain that the certified copies of proceedings and decrees in relation to matrimonial proceedings being public documents, they can be looked into and inasmuch as the fact that the 2nd respondent is a Christian, having been clearly established, the dismissal of the discharge application by the learned Judge cannot be sustained.

( 3 ) ON the contrary, the learned Public prosecutor would maintain that in the light of the reasons recorded in detail by the learned judge, these aspects need further proof and these are all matters to be considered at the appropriate stage and hence the impugned order does not suffer from any illegality whatsoever.

( 4 ) THE petitioner-accused in Sessions case No. 3 of 2003, on the file of the Special judge, to try the offences under Scheduled castes and Scheduled Tribes (Prevention of atrocities) Act - cum - Metropolitan Sessions judge, Visakhapatnam aggrieved by an order in Crl. M. P. No. 231 of 2003 in S. C. No. 3 of 2003 had preferred this Criminal Revision case. The said application was moved under section 227 of the Code of Criminal Procedure (for brevity sake herein after called as "the code"), praying for discharge of the offence under Section 3 (x) of the Act.

( 5 ) THE episode of the prosecution case in short is that the defacto-complainant is the 2nd respondent herein is working as English lecturer and belongs to 'mala' Sub Caste of scheduled Caste and her mother suffered from a paralytic stroke and the accused used to treat her mother and in that connection acquaintance developed between the accused and the defacto-complainant and that taking advantage of the same the accused borrowed amount from her under a demand promissory note and failed to repay the same and on that the defacto-complainant got issued a legal notice demanding repayment and the accused threatened the defacto-complainant. It is also stated that on 13-6-2001 during night at 9. 30 p. m. the accused trespassed into her house and abused her in filthy language by taking her caste and the defacto-complainant reported the matterto the police. The petitioner herein, accused, had taken a specific stand that the defacto-complainant is a Christian by birth and her marriage certificate shows that she is a Christian. The order made in O. P. No. 405 of 1991, on the file of the Chief Judge, City civil Court, Hyderabad which was later renumbered as OP. No. 38 of 1993 on the file of first Additional District Judge, Guntur also would go to show that she is a Christian and her husband is also a Christian and in fact a divorce O. P. was filed under the Indian divorce Act and the certified copy of the petition in O. P. 38 of 1993 on the file of the chief Judge, City Civil Court at Hyderabad and the certified copy of the counter in o. P. No. 405 of 1990, on the file of the additional Chief Judge-cum-Principal Judge, spe and ACB Cases, City Civil Court at hyderabad, certified copy of the Order in divorce O. P. No. 38 of 1993, on the file of the first Additional District Judge, Guntur, the certified copy of the decree in Divorce o. P. No. 38 of 1993 on the file of the First additional District Judge, Guntur and the certificate of marriage, had been relied upon and submissions at length were made before the learned Judge while arguing the discharge application in Crl. M. P. No. 231 of 2003.

( 6 ) IT is needless

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