ORDER :

This Criminal Revision Case came to be filed by the petitioner/defacto-complainant under Section 397 and 401 of the Criminal Procedure Code (‘Cr.P.C.’ for short) as against the order in Criminal Miscellaneous Petition No.1002 of 2008 in C.C.No.11 of 2006, dated 31.10.2008, on the file of the Judicial Magistrate of First Class, Special Mobile Court, Kakinada, with a prayer to set aside the said order.

2. The facts which lead to the filing of this Criminal Revision Case, in brief, are that the petitioner is the defacto-complainant on whose report Crime No.1 of 2005 came to be registered originally under Section 3(1)(x) of SCs & STs (POA) Act, 1989 and Section 506 of Indian Penal Code (“IPC” for short).

3. The brief case of the petitioner according to the report lodged by her with Sub-Inspector of Police, I. Polavaram Police Station is as follows:

(i) The petitioner is a Teacher since 1998 in Z.P. High School, Pasuvullanka village. One Dulipudi Chakram S/o Dulipudi Venkanna belonged to Kapu caste and belonged to the village of the petitioner. When an additional building under the scheme of “Sarva Siksha Abhiyam” was constructed, the amount Rs.2,50,000/- was released in favour of the Headmaster. The said person demanded the petitioner to give some amount for which she refused. After some days a cheque for Rs.40,000/- was sent in the name of her through “Sarva Siksha Abhiyam”. Again Dulipudi Chakram threatened and demanded her for a sum of Rs.40,000/-, else he will see that how she would discharge the duties. On 05.01.2005 at 9-45 A.M., she was discharging her duties. The said Dulipudi Chakram, Dulipudi Rama Krishna, S/o Venkanna, Dulipudi Satyanarayana and Dulipudi Rama Krishna, S/o Satyanarayana, along with 20 others attacked her school by raising slogans abusing her in the name of caste in indecent language (actual words are edited by the Court). They threatened that if the students pursued in their school, they will become untouchable. So, they obstructed her duties, abusing in filthy language in the name of caste. They also threatened Smt. Sakile Vimala, Head Mistress, Elementary School, beside the school of the petitioner. This is the substance of the allegations in the report lodged by the defacto-complainant.

(ii) The Sub Divisional Police Officer, Amalapuram, conducted the investigation and at the time of remand submitted the remand report before the concerned Magistrate alleging the offence under Section 7(1)(d) of Protection of Civil Rights Act and Sections 353 and 506 r/w 34 of IPC of Polavaram Police Station. Under the above provisions of law, the accused were remanded for judicial custody. While so, on the representation of the petitioner deleting the provisions of SCs & STs (POA) Act, it appears that the investigation was entrusted to CID and ultimately the Deputy Superintendent of Police, CID, RCIU, Visakhapatnam, filed charge sheet in Crime No.1 of 2015 under Sections 353, 506 r/w 34 of IPC and Section 7(1)(d) of Protection of Civil Rights Act against A.1 to A.4 for which cognizance was taken by the learned Magistrate. There was a whisper in the charge sheet that on account of the outcome of the investigation section of law was altered from Section 3(1)(x) of SCs. & STs. (POA) Act into Section 7(1)(d) of Protection of Civil Rights Act mainly on the ground that the version of the petitioner as regards the so-called abuses attributed against A.1 to A.4 touching the name of the caste was not supported by any other witnesses. So, the investigating officer deleting the provisions of Section 3(1)(x) of SCs. & STs. (POA) Act, filed the charge sheet as above, as such, it was taken cognizance.

(iii) It appears further that initially the defacto-complainant was examined at the time of commencement of trial and she was examined as P.W.13. Soon after, her examination before the trial Court as P.W.13, the State, represented by the Deputy Superintendent of Police, Visakhapatnam, got filed an application under Section 216 of t