THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3457 of 2021

ORDER

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 9, seeking to quash the proceedings in Crime No.361 of 2021 on the file of the Medchal Police Station, Cyberabad, for the offences punishable under Section 323 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3(i)(l)(r) and 3(i)(l)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015 (for short ‘SC/ST (POA) Amendment Act’).

2. The case of the prosecution in brief is that, on 03.04.2021, the de-facto complainant lodged a complaint stating that she is working as a Secondary Grade Bioscience Teacher at ZPHS (Girls), Medchal. She mentioned that earlier, while proceeding in school, her leg accidentally touched Teacher Rathnamala. Following this, Teachers Rathnamala and Prashanthi allegedly abused her in the name of caste and attacked her by throwing chairs. Another Teacher, Prameela, also supported them. Furthermore, the complainant stated that Rathnamala, Prashanthi, Prameela, along with Srilatha, Usha Kiran, Manjusha, Vijayabarathi, Radhika, and Vijayalakshmi, had been mentally harassing her. Hence, the present crime was registered.

3. When the matter was taken up for consideration on 13.10.2025, there was no representation on behalf of respondent No.2, either in physical mode or virtual mode. To give one opportunity, the matter was posted to 16.10.2025 under the caption ‘for orders’. On 17.10.2025 also, there was no representation on behalf of respondent No.2. However, to give one more opportunity, the matter was posted to 23.10.2025. On 23.10.2025 also, there was no representation on behalf of the petitioners or respondent No.2, either in the morning or afternoon session, in physical or virtual mode. To give final opportunity to the parties, the matter was posted to 03.11.2025. Even today, there is no representation on behalf of respondent No.2, either in physical or virtual mode. Hence, this Court has no option except to proceed with the matter on merits.

4. Heard Mr.Chakradhar Reddy, learned counsel, representing Mr.K.Buchi Babu, learned counsel for petitioners and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1.

5. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and respondent No.2 has falsely implicated them in the present crime on the ground that petitioner No.6, who is the Head Master of ZPHS (Girls), Medchal, along with other teachers, had lodged a complaint against respondent No.2 on 26.03.2021, before the District Educational Officer, Medchal. He further submitted that respondent No.2 lodged the present complaint with false allegations, implicating the petitioners for offences punishable under the provisions of SC/ST (POA) Amendment Act, though the petitioners never abused respondent No.2 in the name of her caste. Hence, the ingredients of the alleged offences are not attracted against the petitioners. He further submitted that petitioner Nos.1 to 5 and 7 to 9 are teachers, who have been discharging their duties to the utmost satisfaction of the students and higher officials, and there are no complaints against them. Hence, continuation of criminal proceedings against the petitioners is a clear abuse of the process of law.

6. Per contra, the learned Assistant Public Prosecutor submitted that there are specific allegations against the petitioners that they abused respondent No.2 in the name of her caste. Whether the petitioners have committed the offence or not has to be revealed during the course of investigation. Therefore, the petitioners are not entitled to seek quashment of the proceedings, and the petition is liable to be dismissed.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner Nos.1 to 5 and 7 to 9 are Government Teache