The High Court · 2025

1. M. Venkateshwar Rao, S/o. Rama Rao aged 47 years, Occupation_ Correspondent of Gandhi Memorial ff,,frf,if, Degree And pG- ;;;.g", Godavarikhani, R/o H No. 21 .5.76, Couinami r.rrg"r, rci, nri"ir"niu. feddapalli district. (A-1) 2. M. Sudhakar, son of Veeraiah aged 51 years, Occupation. principal, Gandhi Memoriar Mahira Degree And p6 coilege, c-;oavarikhani, R/o. H. No. 17-1- 7312, Rajeev Nagar, Godavarit<hani, pea"Oap"tti Oi"tri"t. 1n-Zy ...PET|TIoNER/ACCUSED NO. 1 & 2 1 The state of rerangana, rep. by pubric prosecutor, High court for the state of ^ Telangana, at Hyderabad, Through, s H.o., p.s , coo"avarxtrani, H;;.'" 2 9rl. Erugurala Rajeshwari *ife 6f Xumaiag"J so y"rr., Occupation. -li,i*',.orking Assistant sociar werfare_officer Manthani, e-Japatti airtri"t. District sociar werfare office, Rajanna sircitta aistrrct. R/o. oio. District sociar Welfare Office, Rajanna Sircilta, Rajanna iir"irL oirtri.t. ...RESPONDENTS/COMPLAINANTS Petition under Section lAZ o! Cr.p.C praying that in the circumstances stated in the rVremorandum of Grounds ot crimilar'petition, the High court mav be pleased to quash the charge sheet in c c. r.r". z'rg "irbi;o;'th""nr.'"i'ii" ,, Additionar Junior civir Judge at G_odaurritr'rni, p"loorpaili district in brime No. 93 p S' Godavarik-hani-r rown, p.ri""'sa-ti.., in so far as petitioners are ::i'J;S l.A. NO:1 oF 2022 ?lg?.". Petition under section 4g2 0f. cr p c praying that in the circumstances stated in the Memorandum of Grounds or criminJ'petition,the High court mav be ioia # i#;" #il" ,, ud to stay ail further proceedings in C C r.ro. zig Additional Junior civir Judge at Godivarikhani, peaoapatti district in crime No. 93 of 2013 of p.S. Godavarilhani _t Town, p;i;;" S;;"r, pending disposat of the above Criminal petition. This petition coming on for hearing,upon perusing the Memorandum of Grounds of criminbr petition and upon nLaiing ihl arguments of Sri Ir/ RAM MOHAN REDDY ,Advocate for the s. Madhavi, Assistant Public Prosecutor on behalf of tne nesponae; N": l: The Court made the following: ORDEi? 'petition"o -"ni'Mrs. "i l ---------7 THE HISN,BLE SMT. JUSTICE JUWADI SRIDEVI C]RIMINAL PETITION N 0.1144 ol 2022 ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.1 and 2 seeking to quash the proceedings against them in C C No.219 oI 2014 on the file of the ll Additional Junior Civil Judge at Godavarikhani, Peddapalli District (for short 'trial Court'), pertaining to Crime No.93 of 2013 of P.S. Godavarikhani I Town. The offences alleged against the petitioners are under Sections 409 and 420 of the lndian Penal Code (for short 'lPC').

2. Heard Sri M.Ram Mohan Reddy, learned counsel appearing for the petitioners and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State. No representation on behalf of respondent No.2. Perused the record.

3. Basing on the complaint, dated 20.03.2013, that the petitioners- accused Nos.1 and 2, who are the Correspondent and Principal of Gandhi Memorial lVlahila Degree College, Godavarikhani, along with other accused in the crime, have created bogus/fake income certificates of (11) students of their college and got sanctioned the full scale fee reimbursement, though the said students are not eligible for the said scheme and got the amount directly credited into the college account, a ,! n i t r 1,:1 1:. f;ir' $lti 't ;1 ,!t'; rl :. il't j. iti., ') !! Sr,v,i. &, : i," i ;r i,a\i 1a: .l 't; :i I 1ft I ffi, Ltl ; \ a) 2 ca.p.tto.rtaa orl\zJz case in Crime No.g3 of 2013 was registered against them. After completion of investigation, charge sheet was fired before the triar court. The same was taken cognizance and numbered as C.C.No.21g of 2014. 4' Learned counsel for the petitioners submits that the petitioners are the co,espondent and principar of Gandhi [Vremoriar Mahira Degree College, Godavarikhani. He further submits that it is the duty of the officiars of BC werfare to verify the genuineness of the certificates submitted by the students for sanctioning schorarship. He further submits that the petitioners are in no way concerned with the offences alleged against them and they have no business to verify the certificates submitted by the students Hence, he prayed to quash the proceedings against the petitioners.

5. On the other hand, the learned Assistant public prosecutor contended that there are specific aregations against the petitioners. A, the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, she prayed to dismiss the petition.

6. As seen from the record, it is apparent that the petitioners are the Correspondent and principal of Gandhi Memorial Mahila Degree College, Godavarikhani. There is no allegation against the petitioners that they 3 JS, J Crl.P.No.1144 of 2022 have forged or faked the income certificates of the students. lt is the duty submitted by of the concerned authorities to verify the genuineness of the certificates .the students for sanctioning scholarship. Since the petitioners have no business to verify the genuineness of the certificates submitted by the students, the continuation of criminal proceedings against the petitioners amounts to abuse of process of the law, and hence, the proceedings against them are liable to be quashed

7. Accordingly, this Criminal petition is allowed, quashing the proceedings against the petitioners-accused Nos. j and 2 in C.C.No.2l9 of 2014 on the file of the Il Additional Junior Civil Judge at Godavarikhani, Peddapalli District. Pending miscellaneous applications, if any, shall stand closed. SD/. A .SREENIVASA REDDY AS ISTANT REGISTRAR \ To, //TRUE CO?YII ---- ''7 -*ts------- SECTION OFFICER 1 2 1

4. q The Judicial Magistrate of First Class at Godavarikhani. The Station House Officer, Godavarikhani -1 Police Station, Karimnagar District. Two CCs to the Public Prosecutor, High Court at Hyderabad [OUT] One CC to SRI. M RAM MOHAN REDDY Advocate [OPUC] Two CD C6ples. Ptvl/gh S-- ii' & l: { HIGH COURT DATED;18/03/2025 I ORDER CRLP.No.1'144 ot 2A22 E STA, t ,J i, ,l l! ,: \?, AP i 2025 29 * oF.s Cd. 1 * ) 'i\ ?11:il ALLOWING THE CRIMINAL PETITION ,s €