J. CHALAMESWAR, J. ( 1 ) THE writ petition is filed with the prayer as follows:"for the reasons stated in the accompanying affidavit, the petitioners herein prays that his Court may be pleased to issue a writ or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 4th respondent i. e. the sub-Inspector of Police, Bhadrachalam town Police Station, Bhadrachalam, khammam District, in registering the fir No. 163/2002 dt. 17-10-2002 under sc and ST Atrocities Act, 1989, at the instance of the 3rd respondent i. e. the deputy Superintendent of Police, bhadrachalam, Khammam District, including the Chairman of the Brilliant educational Society of Technology, (A Christian Minority Society) Regd. No. 126/97, Sarapaka, Bhadrachalam, khammam District, though the de facto complainant who is the 5th respondent herein belongs to BC c community (Adi Andhra Christian which is not SC community) as illegal and void and quash the same consequently to direct the 3rd respondent herein to take action against the 5th respondent herein as per law". ( 2 ) THE 5th respondent lodged a complaint with the Bhadrachalam Police station on 17-10-2002 alleging the commission of various offences including the offence under Section 3 (l) (x) of the SCs and STs (Prevention of Atrocities) Act, 1989 against the petitioners. In the complaint, a copy of which is placed before the Court, the 5th respondent has made a categorical assertion that he is a Harijan (Mala ). ( 3 ) NOW these two petitioners contend that the de facto complainant, 5th respondent herein, is in fact a person belonging to B. C. community but not a person belonging to scheduled Caste as alleged by him. This is a pure question of fact which is required to be established on evidence. It is open for the petitioners to take such defence in the prosecution, if ever launched against the petitioners by the abovementioned applicant, but such fact cannot be investigated by this Court in exercise of article 226 of the Constitution of India. ( 4 ) I see no merits in the writ petition and the same is dismissed at the admission stage.