” These two criminal petitions are filed (Cri.P.No.8269 of 2011 by A1 and A2, and Cri.P.No.9066 of 2011 by A3 and A4) under Section 482, Cr.P.C. to quash the proceedings Cr.No.242 of 2011 of Nagarampalem Police Station, Guntur District.

2. Since the point involved in both the petitions is one and the same, I am inclined to dispose of these two petitions by this common order.

3. The contention of the learned counsel for the petitioners is two-fold, viz., 1) Registration of Crime No. 242 of 2011 against the petitioners under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not legally sustainable; and 2) the allegations made in the complaint do not constitute the offence alleged to have been committed by the petitioners. Per contra, the learned Additional Public Prosecutor submitted that the allegations made in the complaint constitute the alleged offence. The contention of learned counsel for fourth respondent is that the petitioners have intentionally insulted and humiliated Dr. Y. Kiran Kumar by delaying promotion to him as he belongs to Scheduled Caste community.

4. On 22.08.2011, the fourth respondent submitted a complaint to the Station House Officer, Nagarampalem Police Station who in turn registered a case in Cr.No.242 of 2011 under section 3 (1) (x) of S.C. & S.T. (Prevention of Atrocities) Act against the petitioners. The fourth respondent submitted the complaint shouldering the responsibility of protecting the interest of the employees belonging to the Scheduled Caste and Scheduled Tribe community. As per the allegations made in the complaint, the petitioners herein denied promotion to Dr. Y. Kiran Kumar in time, thereby insulted and humiliated him as he belongs to Scheduled Caste community.

5. Dr. Y. Kiran Kumar joined as Assistant Civil Surgeon in Government General Hospital, Guntur on 26.12.1991. He was promoted as Assistant Professor and joined as such on 6.4.1994 in the same college. On 15.09.2003, the screening committee approved and recommended the name of Dr. Y. Kiran Kumar to the post of Associate Professor and accordingly he was promoted on 06.8.2004. While he was working as Associate Professor, he was reverted to the post of Assistant Professor, as per Proc. Rc. No. 34388/E1.A/04, dated 9.6.2005 issued by the then Director of Medical Education. Aggrieved by his reversion, Dr. Y. Kiran Kumar filed O.A. No.7037 of 2007 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad (hereafter, APAT), challenging the proceedings dated 9.6.2005. The said O.A. was allowed by APAT by its order dated 25.04.2006 by setting aside the Proc. Rc.No.34388/E1.A/04, dated 09.06.2005. Accordingly, Dr. Y. Kiran Kumar was again promoted as Associate Professor on 05.9.2006. Alleging that he was not properly placed in the seniority list, Dr. Y. Kiran Kumar filed O.A. No.1777 of 2009 questioning the proceedings in Rc.No.22163/E-1-A/2006, dated 05.9.2006 whereunder he was promoted. The APAT partly allowed O.A.No.1777 of 2009 by its order dated 13.12.2009 and further held that promotion of Dr. Y. Kiran Kumar shall be deemed to be from 06.8.2004, i.e. the date on which he was reverted from the post of Associate Professor. In the order, the respondents therein were directed to prepare seniority list and finalise the same by circulation, and even thereafter, if Dr.Y.Kiran Kumar had any grievance, he can approach the respondents.

6. In the above factual background, let me consider the allegations made in the complaint. It should be remembered that the complaint was given to the Police by the president of Indian Dalith Employees Association. It is alleged in the complaint that Accused Nos. 1, 3 and 4 were responsible for injustice caused to Dr. Y. Kiran Kumar for getting promotion in 2004. Accused No.2 harassed Dr.Y. Kiran Kumar without considering his representations for about eight (8) years, i.e. till his (A2” s) retirement on 31.07.2011. The substance of the complaint is tha