IMPORTANT POINT
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.

ORDER :

Venkata Jyothirmai Pratapa, J.

The instant petition under Section 482 of Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] has been filed by the Petitioner/Accused seeking quashment of proceedings against him in Crime No.77 of 2021 on the file of Thulluru Police Station, Thulluru, Guntur District registered for the offences under Sections 294 and 506 of the Indian Penal Code[for short ‘IPC’] and Section 3 (1) (r) (s) and 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[for short ‘the Act’].

2. Facts of the case, in epitome, are as follows:

a. Respondent No.2/Complainant has been attending coolie works and also driving a tractor. In support of the three capitals agitation, he regularly attends the camp of “Bahujana Parirakshana Samiti” at Seed Access Road Junction, Thallayapalem. That being so, on 08.03.2021 in the morning he went to Mangalagiri on personal work and returned to the said camp. On the same day at about 4.00 p.m., while Respondent No.2 and one Suddapalli Ravi were going on his bike towards Rayapudi, and when they reached to the turning of Velagapudi-Rayapudi Villages from Modugulankapalem Village, the Petitioner/Accused, who was coming in car in opposite direction, stopped the car and got down from the Car. On seeking Blue coloured towels on their necks, she gave slogans as “Jai Amaravati” and on recognizing Respondent No.2, she scolded against him saying that “Emira George, neevu Bahujana Parirakshana Samiti lo active gaa tiruguchunnavu kadaa. Aina Mee SC Kulam Naa Kodukulaku Entha Vivaramgaa cheppinaa kuda, Amaravati Udyamamlo palgonakunda, mudu rajadhanula sibiramlo velli kurchuntunnaru. Mee SC kulam vaari valana Amaravati Udyamam paruvu pothundi. Randi Maatho kalasi udyamam cheyandi.” By abusing so in the name of his caste, the Petitioner also threatened to see his end if he does not participate in “Amaravati Udyamam”.

b. As such, Respondent No.2 lodged a complaint with the Police, which was registered as a case in Crime No.77 of 2021 on the file of Thulluru Police Station, Guntur District for the alleged offences.

Grounds for quashment:

3. Being aggrieved by the registration of the said case, the Petitioner filed the present petition seeking quashment of the proceedings against her, on the following grounds:

a. Respondent No.1 has totally failed to notice that even as per the FIR, Respondent No.2 was not insulted in the name of his community and as such, the ingredients of the alleged Sections of Law do not attract.

b. The delay in making the present complaint would clearly show that the present case was foisted only to take vengeance against the Petitioner as she is actively participating in Amaravati Movement against the Government.

c. Even according to Respondent No.2, he was identified by the Petitioner as George and as such, the very foundation of this case is vitiated as Respondent No.2 does not belong to SC Community.

Arguments Advanced at the Bar

4. Heard Sri D.S.N.V.Prasad Babu, learned counsel for the Petitioners and Ms.D.Prasanna Lakshmi learned Assistant Public Prosecutor for State/Respondent Nos.1 and 3. Despite service of notice, none appeared for Respondent No.2.

5. Learned counsel for the Petitioner would submit that the Petitioner is the sole Accused and the offences that are alleged against the Petitioner are under Sections 294 and 506 IPC and Sections 3 (1) (r) (s) and 3 (2) (va) of the Act. It is stated that the alleged incident said to have occurred on 08.03.2021 at 4.00 p.m. It is pointed out that the allegations leveled against the Petitioner are very vague and there are no specific allegations against the Petitioner. The complaint would not reveal that the alleged offence occurred within public view. It is also submitted that the Petitioner was very active and in forefront in Amaravati agitation. It is also stated that several cases have been lodged against the Petitioner in Crime Nos.63 of 2021, dt.08.03.2021, 64 of 2021, dt.08.03.2021, 66 of 202