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no arrest during investigation=The allegation made against the petitioner is that he fraudulently obtained a caste certificate and the same was cancelled by the District Collector, Khammam.=The offences alleged against the petitioner are punishable under Sections 420 of IPC and 10, 11, and 12 of the Regulation of Issue of Community Certificate Act 1993 (Act 16 of 1993). Admittedly, the matter is at the stage of investigation. Further, the complaint prima facie reveals some allegations against the petitioner. Hence, this Court is not inclined to quash the proceedings against the petitioner, at this stage. However, in the facts and circumstances of the case, the police are hereby directed to complete the investigation without making arrest of the petitioner and after completion of investigation to file a final report either way before the competent Court.

English: Hight court of the state of Andhra pr...

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HON’BLE SRI JUSTICERAJA ELANGO

CRIMINAL PETITION No.180 of 2012

 

ORDER:

This Criminal Petition is filed by the petitioner-accused,  under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in Crime No.63 of 2011 of P.S. C.I.D., Hyderabad.

The allegation made against the petitioner is that he fraudulently obtained a caste certificate and the same was cancelled by the District Collector, Khammam.

Heard and perused the record.

The main contention of the learned counsel for the petitioner is that the petitioner preferred an appeal before the Government of Andhra Pradesh against the order of the District Collector, Khammam, dated 16.03.2011, vide a Memo No.7769/CV2/2011 and the same was admitted by an order dated 21.06.2011 and now it is pending. In the meanwhile, the present case is filed against the petitioner.

The offences alleged against the petitioner are punishable under Sections 420 of IPC and 10, 11, and 12 of the Regulation of Issue of Community Certificate Act 1993 (Act 16 of 1993). Admittedly, the matter is at the stage of investigation. Further, the complaint prima facie reveals some allegations against the petitioner. Hence, this Court is not inclined to quash the proceedings against the petitioner, at this stage.

However, in the facts and circumstances of the case, the police are hereby directed to complete the investigation without making arrest of the petitioner and after completion of investigation to file a final report either way before the competent Court.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, filed shall stand closed.

                                                _____________                                     RAJA ELANGO, J

6th January, 2012

cbs

HON’BLE SRI JUSTICE RAJA ELANGO

Criminal Petition No.180 of 2012

 (Disposed of)

6th January, 2012

cbs

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