- (1.) HEARD Sri K.S. Murthy, learned counsel for the petitioner, and the learned Government Pleader for Home appearing for the respondents 1 to 3.
(2.) THIS writ petition is filed by the petitioner seeking a writ of mandamus to declare the action of the respondents in altering FIR.No.178 of 2008 dt.28.10.2008 of Tuni Town P.S., East Godavari District, on 08.12.2008 as illegal and unconstitutional and consequently to quash the FIR.No.178 of 2008 dt.28.10.2008 of Tuni Town P.S., East Godavari District as altered on 08.12.2008 . The said complaint was made by 4th respondent, who belongs to "Madiga" (Scheduled caste) community against petitioner alleging that petitioner is his tenant and is residing in ground floor of his house; that petitioner went to a hostel where the 4th respondent's daughter (6th respondent) resides and talked "unculturedly"; that when 4th respondent and his wife went to petitioner's portion and questioned him why he went to the hostel of 6th respondent and misbehaved with her, he hit the 4th respondent and his wife on the head with an iron rod and also pushed 6th respondent in a manner causing her head to hit a wall. In the FIR lodged on 28.10.2008 with 3rd respondent, the petitioner was alleged to have committed offences u/S.324 and 509 IPC .
(3.) IT appears that 6th respondent lodged a complaint on 08.12.2008 before 2nd respondent stating that petitioner abused her by her 'caste' name; pursuant to the said complaint, 2nd respondent endorsed and forwarded the same to 3rd respondent and on receiving the same, 3rd respondent added a charge under Section 3 (i)(x) of the SC and ST (Prevention of Atrocities) Act, 1889, (for short, the 'Act') and forwarded it to the Sub -divisional police officer, Kakinada for investigation. After investigation by the police, a charge -sheet in PRC.No.4 of 2009 was filed before the Judicial Magistrate of the I Class, Tuni, against petitioner for offences punishable not only under Section 324, 323 and 509 IPC but also under Section 3(i)(x) of the Act.;