Muzahid Basha vs The State Of Andhra Pradesh
2021 Latest Caselaw 780 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

               CRIMINAL PETITION No.813 OF 2021

ORDER:-

         This criminal petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C."), is filed seeking

quash of the charge sheet in Spl. S.C.No.40 of 2020 on the file

of the learned I Additional District and Sessions Judge, Chittoor

District.

2.       Heard learned counsel for the petitioners and the learned

Additional Public Prosecutor.

3.       On a report lodged by the 2nd respondent, who is the de

facto complainant, alleging that the petitioners have beat her

and also abused her in the name of the caste and insulted her

in connection with a land dispute between them, police

registered a case in Crime No.210 of 2020 for the offences

punishable under Sections 323, 355 r/w 34 of the Indian Penal

Code, 1860 (for short "I.P.C.") and under Sections 3 (1) (r), 3 (1)

(s) and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short "S.C. and S.T.

Act"). The said case was investigated and eventually after

completing the investigation, having found prima facie that the

allegations set out in the F.I.R. are true and having collected

evidence to that effect, the Investigation Officer has filed charge

sheet in the concerned Court of law. The said case is pending

trial before the trial Court.

4. Learned counsel for the petitioners would submit that

admittedly there is a land dispute between the petitioners and

de facto complainant for the last many years and as such, in

view of the said civil dispute, the present report was lodged with

all false allegations and a false case has been foisted against the

petitioners by the de facto complainant. She would further

submit that the alleged abuse in the name of the caste of the de

facto complainant and consequent insult made to her in the

name of her caste was not within the public view and as such,

the provisions of S.C. and S.T. Act are not attracted to the

present offence. In support of her contention, she relied on a

Judgment of the Hon'ble Apex Court in Hitesh Verma vs State

of Uttarakhand1. She would also submit that the de facto

complainant was not at the scene of offence at the time of the

alleged offence. Therefore, she prayed for quash of the charge

sheet.

5. As can be seen from the material available on record,

there are specific allegations relating to causing hurt to the de

facto complainant and as such, police have filed charge sheet

under Sections 323 and 355 r/w 34 of I.P.C. Whether the

allegations made against the petitioners are true or not, is the

matter to be decided during the course of trial after appreciating

the evidence that may be adduced by the prosecution. This

Court cannot, in a petition filed under Section 482 of Cr.P.C.,

undertake exercise of appreciating the evidence on record. It is

the task of the trial Court to appreciate the evidence on record

in the final adjudication of the case.

6. As regards the contention that the alleged abuse in the

name of caste and consequent insult in the public view, the

2020 (10) SCC 710

Judgment of the Hon'ble Apex Court relied on by the learned

counsel for the petitioners pertains to a case where the alleged

abuse in the name of the caste has taken place within the four

corners of a house. Therefore, the Hon'ble Apex Court held that

it was not within the public view and as such the provisions of

the S.C. and S.T. Act are not attracted. In the instant case, the

offence has not taken place within a house and the scene of

offence is a land. Therefore, whether it is in any public view or

not, is a matter to be ascertained by the trial Court after

considering the evidence that may be adduced by the

prosecution in this case. Therefore, this Court do not see any

valid legal ground emanating from the record warranting its

interference under Section 482 of Cr.P.C. to quash the present

charge sheet.

7. Therefore, this Criminal Petition lacks merit and it is

dismissed.

Miscellaneous Petitions, if any pending, in this Criminal

Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date : 11-02-2021 ARR

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.813 OF 2021

Date : 11-02-2021

ARR