High Court · 2025

'l . The State of Telangana, rep. by Public Prosecutor High Court for the State of Telangana, at Hyderabad, Through, S.H.O., P.S., Godavarikhani, lTown.

2. Sri. Erugurala Rajeshwari, wife of Kumar aged 50 Years, Occupation. Assistant Social Welfare Officer Manthani, Peddapalli district. Now working as District Social Welfare Office, Rajanna Sircilla district. R/o. O/o. Distrtct Social Welfare Office, Rajanna Sircilla, Rajanna Sircilla District ...RESPONDENTS/COMPLAINANT Petition under Section 482 of Cr.P-C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Charge Sheet in C.C. No. 217 of 2014 on the file of the ll Additional Junior Civil Judge at Godavarikhani, Peddapalli district in Crime No. 95 of 2013 of P.S. Godavarikhani-l Town, Police Station, in so far as petitioners are concerned- l.A. NO: 1OF 2022 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C. No. 217 of 2014 on the file of the ll Additional Junior Civil Judge at Godavairikhani, Peddapalli district in Crime No 95 of 2013 of P.S. Godavarikhani-l Town, Police Station, pendlrg disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing thl: Memorandum of Grounds of Crinrinal Petition and upon hearing the argumerlts of Sri M Ram Mohan Reddy, Advocate for the Petitioners and lt/lrs. S. Madhavi, learned Assistant Public Prosecutor on behalf of the Respondent No.1, and None Appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.1330 of 2O22 ORDER This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.1 to 3 seeking to quash the proceedings against them in C.C.No.217 of 2014 on the file of the ll Additional Junior Civil Judge at Godavarikhani, Peddapalli District (for short 'trial Court'), pertaining to Crime No.95 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 ti/l.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.l to 3, who are the Directors of lVlaharshi Degree College, Godavarikhani, along with other accused in the crime, have created bogus/fake income certiflcates of ineligible SC students of their college; got sanctioned the full scale fee reimbursement and got the amount directly credited into the college account, a case in Crime No.95 of 2013 was registered against them. After completion of investigation, charge 2 JS, J Crl.P-No.1330 of 2022 sheet was filed before the trial court. The sarne was taken cognizance and numbered as C.C.No.217 of 2014 4- Learned counsel for the petitioners submits that the petitioners are the Directors of Maharshi Degree college, Godavz:Lrikhani. He further submits that it is the duty of the officials of BC welfare to verify the genuineness of the certificates submitted by the studr:nts for sanctioning scholarship. He further submits that the petitioner.s are in no way concerned with the fake income certificates submittt:d by the students and they have no business to verify the certificates. submitted by the students. There are no specific allegations against the petitioners and the ingredients of offences alleged against them are not -nade out. Hence, he prayed to quash the proceedings against the petitiorers.

5. On the other hand, the learned Assistant public prosecutor contended that there are specific allegations against the petitioners. All the allegations levelled in the complalrit as well as ir 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 prayeJ to dismiss the petition.

6. As seen from the record, it is apparent that the retitioners are the Directors of the Maharshi Degree college, Godavarikhani. There is no allegation against the petitioners that they have fc,rged the income %'. / 3 JgJ crl.P.No.1330 0f 2022 certificates of the students. lt is the duty of the concerned authorities to verify the genuineness of the certificates submitted by 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.1 to 3 in C.C.No 2j7 of 2014 on the file of the Il Additional Junior civil Judge at Godavarikhani, Peddapalli District. Pending miscellaneous applications, if any, shall stand closed \ To, //TRUE COPYII SD/- L. VIJAYA LAXMI AS STANT REG SECTION OFFICER

1. The ll Additional Junior Civil Judge at Godavarikhani, Peddapalli District. 2. The Judicial Magistrate of First Class at Godavarikhani. 3. The Station House Officer, Godavarikhani-l Town, Police Station, Karimnagar District.

4. One CC to Sri. M Ram lvlohan Reddy, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court for the state of Telangana at Hyderabad. [OUT]

6. Two CD Copies Swt/gh HIGH COURT DATED: 0310412025 I ORDER GRLP.No.1330 ot 2O22 .1 o i iri \ .) ) ,-) 12 JUrI m $ ;:' ,t) n/l(-Lr!:0 at{*y' ;t/' CRIMINAL PETITION IS ALLOWED b 1\