ORDER :

1. This Criminal Petition is filed to quash the complaint in P.R.C. No. 9 of 2003 on the file of the learned Judicial Magistrate of First Class, Ramannapet.

2. The allegations, in the complaint filed by the first respondent herein, are that the complainant and accused 1 to 9 belong to the same village of Ch. Ramavaram, and that the complainant belongs to the scheduled caste while the accused belong to the higher caste. On the date of the offence i.e., during Dusserah festival, the complainant, along with other villagers, went to the ‘Dasara’ bulrush tree for plucking leaves as, per their custom. While the complainant was snapping the bulrush leaves, accused 1 to 9 abused him, asking him not to touch the bulrush tree since he belonged to the Madiga caste and was an untouchable. Accused 1 to 9 prevented the complainant from snapping the bulrush leaves, abused him in a filthy and vulgar language as “Madiga Lanjakodaka Mammalanu muttukontava”, and chased him with axes and empty beer bottles. Accused No. 1 threw his axe on the complainant and when the complainant fell down, all the accused attacked him and attempted to murder him with axes and empty beer bottles. The witnesses, and others present, prevented the accused from indulging in further attacks. Thereafter, all the accused moved away from the place. The complainant sustained injuries on his back, legs and on his shoulder. Consequently, a complaint was lodged on 27-10-2001 before the Station House Officer, Mothkur. Thereafter, the complainant was sent to the Government Civil Hospital, Ramannapet for treatment. He was admitted in the Hospital for about 15 days and the doctor issued a wound certificate. The complainant further alleged that all the accused were influential persons in society, that he sustained serious injuries, that all the accused intentionally and knowingly attempted to murder him and that they insulted and intimidated him with the intent to humiliate him as a scheduled caste in a place within the public view. Accused 1 to 9 were charged of offences under Section 307, IPC and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act’).

3. On the complaint being filed before the Judicial First Class Magistrate, Ramannapet, the matter was referred for investigation under Section 156(3), Cr. P.C. The Investigating Officer, in his final report, submitted that the evidence collected during investigation disclosed that on 26-10-2001 i.e., on Dasara day, at 2.00 p.m., the Sarpanch of Chowllaramaram village performed pooja at Gudi Mysamma temple and that the complainant, who belonged to the scheduled caste, also participated. The complainant and a few others were in an intoxicated state, pushed each other and the pendal erected in front of the temple fell on the complainant and others and as a result, the complainant sustained minor injuries. Meanwhile, the police went there and subsided the matter. On the same day at 5.60 p.m. all the villagers went to the ceremonial bulrush tree to pluck leaves in a ritualistic manner. The complainant went there in an intoxicated state, created nuisance there and fell down and some members of his caste took him back to his house. It is further stated that the evidence also disclosed that the accused had neither prevented the complainant from plucking leaves nor had they abused him in any manner, not the least by taking his caste name nor had they attacked him with axes or beer bottles, The minor injuries sustained by the complainant was because the pendal fell on him when he caused nuisance and pushed others in an intoxicated state and that, except the complainant, none of the other witnesses supported the allegations in the complaint. In conclusion, the Investigating Officer stated that the case be treated as false.

4. Pursuant to a protest petition being filed by the respondent-complainant herein the learned Magistrate, after examining the complainant on oath, took cognizanc