V.Srinivasulu Reddy v. The State Of Telangana.,Rep.,Pp And Another
THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.9 5 5 5 OF 2 0 1 7 ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused No.2 seeking to quash the proceedings in Crime No.614 of 2017 of Saroornagar Police Station, Rachakonda Commissionerate, registered for the offences alleged under Sections 417, 420, 468, 471 and 120B I.P.C.
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Heard Sri L. Ravi Chander, learned Senior Counsel appearing for the petitioner/ accused No.2, and the learned Additional Public Prosecutor representing respondent No.1/ State. Perused the record.
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Learned Senior Counsel appearing for the petitioner/ accused No.2 would contend that there is no specific mention of any allegation against the petitioner/ accused No.2 with regard to the alleged creation of false certificates;
that even in Lr.No.A2/ 2342/ 2011, dated 24.08.2017, which is a correspondence between the District Collector and the Commissioner of Police, it is stated that the petitioner/ accused No.2 encouraged one N. Srikanth to create fake Aadhar Card etc., and ultimately, prayed to allow the petition. 4 .
Learned Additional Public Prosecutor opposed to quash the proceedings in the subject crime against the petitioner/ accused No.2.
Dr.SA,J Crl.P.No.9555 of 2017 5 .
In the F.I.R., dated 27.08.2017, there is specific mention that notification, dated 05.03.2013, was issued to recruit candidates to fill up the backlog SC and ST posts in various departments of Ranga Reddy District.
The qualification prescribed for the said posts is 7th Class. After scrutiny, 22 candidates were selected. Meanwhile, the Girijana Abhivruddi Seva Samastha made a complaint before the District Collector, Ranga Reddy District, stating that the Certificates of certain candidates appointed are bogus and they obtained the job on false Caste Certificates. There is also mention in the F.I.R. that one N. Srikanth, who appeared before the District Collector, Ranga Reddy District, on 25.07.2017 had given statement that his original name is 'Lingampally Venkanna, S/ o. Mallaiah', and he colluded with the Correspondent of A.V.
Model High School, Saibabanagar, Jeedimetla, by name 'Daniel Raj' and one Srinivasulu Reddy (petitioner herein), who is a Government Employee, and created forged receipt of application stating that he belongs to ST Yerkala Caste, but, in fact, he belongs to BC Caste (Yadava). There is also mention that the said N. Srikanth had created number of other documents relating to his Study. There is also mention in the letter, dated 24.08.2017, that the petitioner/ accused No.2 has played a role in creating false Certificates as well as other documents.
Under these circumstances, it cannot be said that there is no material against the petitioner/ accused No.2 relating to commission of cognizable offences. Therefore, the registration of F.I.R cannot be faulted.
Dr.SA,J Crl.P.No.9555 of 2017 The continuation of investigation is not abuse of process of law, as contended. The petition is devoid of merit and is liable to be dismissed.
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Accordingly, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
______________________ Dr . SHAMEEM AKTHER, J April 03, 2019.
MD