1. The petitioners 1 to 9/A1 to A9 are accused of offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the Act), along with another. The private complaint filed by the 2nd respondent was forwarded by the Magistrate to the Police for investigation under Section 156(3) Cr.P.C. and it was registered as Crime No.452 of 2008 by the Sircilla Police for offences under Sections 500, 506 I.P.C. and Section 3(1)(x) of the Act. After investigation, the Sub-Divisional Police Officer, Sircilla, referred the case as false. The 2nd respondent filed Protest Petition before the Magistrate and it was enquired into. During enquiry, the de facto complainant and three others gave their sworn statements. After recording the sworn statements, the Magistrate took cognizance of the case for offence under Section 3(1)(x) of the Act, by passing the following order:

“Perused the record and the statements of PWs 1 to 4. The accusation is found. Cognizance is taken for the offence under Section 3(1)(x) of SC & STs prevention of Atrocities Act, 1989, against A1 to A10. Issue summons to A1 to A10 and call on 11.06.2009. Office is directed to register the case as P.R.C.49 of 2009”

2. Questioning the said cognizance, A1 to A9 filed this Criminal Petition under Section 482 Cr.P.C.

3. Grievance of the 2nd respondent is news items published in ‘Vaartha’ Daily newspaper and

‘Andhra Jyothi’ Daily newspaper dated 01.07.2008 under the captions of ‘SC, ST Atrocity Act should be amended’ and ‘SC, ST Act is being misused.’ The 2nd respondent belongs to Mala Community which is a Scheduled Caste. He claims to be a District leader and elected President of Mala Mahanadu of the District Community Society. While so, the above news items in the above papers were in a press meet convened by all party leaders in R & B Guest House of Sircilla town. As per the news items, the persons who participated in the press meet alleged that some persons were indulging in black mailing politics under the name of the Act and that some Dalith contractors are not paying wages to their labourers and when questioned, they are threatening to file cases against them under the Act. It is further alleged in the press meet that out of 100% cases lodged under the said Act, only 10% of the cases reached the stage of implementing and 90% of the cases were watered down for want of evidence. In that press meet, a case filed by the 2nd respondent against Biyyankar Srinivas was cited as example. It is further alleged that one person was indulging in several cases against several persons under the Act and is causing panic. It is further alleged that instead of filing cases under the Act against persons belonging to higher castes, such cases are being filed against persons belonging to backward classes and they are being harassed.

4. It is further alleged by the 2nd respondent in his sworn statement that A1 to A8 released the said press note in ‘Vaartha’ through A9 who sent the same to A10. A9 is stated to be correspondent of ‘Vaartha’ Telugu Daily newspaper at Sircilla.

5. At this stage, it will be useful to make reference to Section 3(1)(x) of the Act, which reads as follows:

“3. Punishments for offences of atrocities:- (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, --------------------------

(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;

-------------shall be punishable with imprisonment for a term which shall not be less than six months but which may extent to five years and with fine.”

6. In order to constitute an offence under Section 3(1)(x) of the Act, the prosecution or the complainant has to allege and prove either insult or intimidation with intent to humiliate a member of Scheduled Caste or Scheduled Tribe in any place within public view. The press note in the press meet release