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Judgment
Anand Byrareddy, J.—This petition coming on for admission, is considered for final disposal, having regard to the facts and circumstances. Heard the learned counsel for the petitioners. The learned counsel for the respondents seeks time to produce the charge sheet filed in the said case. However, it is to be noticed that the present petitioners are said to be the owners of certain lands and had issued legal notice to accused No. 3, as per the document enclosed at annexure-D. The respondent has sought to prosecute the petitioners along with their counsel, for an offence punishable u/s 3(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ''SC & ST Act'', for brevity). It is also to be noticed that, accused No. 3, had challenged the proceedings before this Court in Crl P. No. 10018/2013, which was disposed of by an order dated 17.062013, quashing the proceedings insofar as accused No. 1, is concerned, namely, the advocate, who had issued the legal notice on the finding by this Court, that he had merely discharged his duties as a counsel and was acting on the instructions of the present petitioners, and has proceeded to quash the proceedings. The present petitioners would now seek to question the proceedings pending before the criminal Court while pointing out, that there can hardly be anything objectionable and which would make out an offence punishable as aforesaid with reference to paragraph 3 of Annexure-D. Paragraph 3 thereof reads as follows:
Now you have started threatening my clients that, by virtue of the alleged document you are the owner of the property of my clients and you belongs to a scheduled caste community and you are going to file the complaint against the Atrocities, etc. In the enquiry it is further noticed by my clients that, you were involved in a cheating case of Rs. 50 lakhs in Bombay and also you are an ex-convicted person. Further it is also noticed that, there are as many as 17 criminal cases pending on you in different stages. After collecting the detail information with the documentary evidences, it came to the knowledge of my clients that, you are a cheating person and created the alleged document in collusion with the said Vasudevraddi and trying to cheat my clients.
Hence, you are hereby called upon to return the said document within the 3 days of receipt of this notice and if you failed to return the same a criminal complaint will be lodged against you. Further, with this notice I clarified that, you have no right to take any actions on the base of the alleged document stated supra. If at all if you tried to take any actions you will be held responsible for all costs and consequences thereto including the notice expenses of Rs. 2,000/-.
From a reading of the above, it cannot be said that an offence punishable u/s 3(1)(10) of SC & SC Act, is made out. Therefore, the entire proceedings are apparently an abuse of process of Court and consequently, the petition is allowed. The proceedings pending before the Court below in Crime No. 176/2012 stands quashed.