S. Laxman Rao v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed'therewith, the High Court may be pleased to issue Writ of Mandamus, order or orders, direction or directions, to set-aside the proceeding tn FIR Cr. No. 13-O12017, on the file of the 2nd Respondent, since it is illegal, arbitrary and unconstitutional apart from being sheer abuse of process of Law. lA NO: 1 OF 2O2O BETWEEN

1. The State of Department, Telangana,, Rep.by its Principal Secretary, Home (General-A) Secretariat, Hyderabad.

2. The Station House Officer,, Karimnagar-lTown Police Station, Kaarimnagar, Karimnagar District. Petitio ne rs/Respondents ENN

1. S. Laman Rao,, S/o. Balakistaiah, Aged 60 Years, Obc. Retired BSNL Emplo,yee, Rl/o. H. No. 10-2-7111, Vidyanagar, Karimnagar District.

2. The Asst. General Ma.laget (Admn),, 0/o. Office o!!he General Manager Telecoim District, BSNL, Adjacent to lncome Tax Office, Karimnagar-!, Karimnagar, Telangana State. .. .. . .RespondenUPetitioner . . ... .RespondenUPetitioner Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High:":i i1^T Vacate the or,Jer dated 1710412017 passed in W.P. No. 13440 of 2017. pteased to !A NO: 1 OF 202.[ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to permit the 3rd respondent to file the documents i.e. (i) Caste certificate dt. 2910412017 of the petitioner cancetled by the District Collector, Hyderabad vicre. proceedings No.Cl t1O431l2OO5 dt. 2gn4t2n17 and (ii) Gazette Notification dt. 2510512017 in WP No.13440 of 2017 . l.A. NO: 1 OF 11017(WPMP. NO: 16683 OF 20171 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to , grant of stay of all further proceedings, including arrest of the Petitioners in FIR , in CR No. 13612}17,in on the file of the 2nd Respondent, pending disposal of the rnain writ petiti<ln. . ' ' lA NO: 1 OF 2019 BETWEEN: The Asst. General Manager (Admn);, 0/o. ffice of lhe Gqneral Manqger fefecom OlJtrict, BSNL, AOjdcent to'income Tax Ofice, Karimnagar-|, Karimnagar, Telangana State. .Petitioner AND 1. S. Laxman Rao,, S/o. Balakistaiah, Aged 6.0 Years, O$.. Retired BSNL Erpfoy"", nyo. H. trlo. 10-2-7111, Vidyanbgar, Karimnagar District. Petitioner 2. TheState of Telangana,, Rep. by its Principal Seq'etary; Home Department, t'""ResPondenu Secretariat, HYderabad. Karimnagar District.

3. The Station House Officer,, Karimnagar-lTown Police Station, Kaarimnagar, ......RespondenURespondents 1 & 2 . petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim order dt.17 .04.2017 granted in W.P.No.13440 of 2017 ' Counsel for the Petitioner: SRI A. RAGHU KUMAR Counset for the Respondents No 1 &2: SRI D. PRADEEP, AGP FOR HOME Gounsel for the Respondent No 3: MS K' SRI DEVI The Court made the following: ORDER THE HOITOIIRABLE SRI .'USTICT N.TI'NARAMJI IrTaI DTd r,& 4 Thi.s Writ Petition is frled under Article 226 of the Constituttion of India seeking the follo*ing relieft "...to issue Writ of Mandamus, order or orders, direction or directions, to set-asi.de the proeeding in EIR ffime No. 136/2077, on tle file of the N Respondent, sine it is illega\ arbitrary and unanstittttiona.l apaft fum being sheer abuse of process of Law and. pass..." 2. Heard Mr. A.Raghu Kumar, learned counsel for the petitione:r and Mr.D.Pradeep, learned Assistant Government , Pleader for Home appearing for respondent No.l and 2 aortd Ms. K.Sri Devi, learned counsel for respondent No.3-

3. Learrned counsel for the petitioner submits that the present petition has been filed challenging the proceedings in Crime No. L36 of 2Ol7 , registered on the file of respondent No.2, an.d. seeks appropriate directions from this Court. It is submitted that, by order dated 17.O4.2OL7, this Court, having noted that proceedings were pending before the District Collector, granted an interim stay of all further proceedings in Crime No.136 of 2OL7 . The learned counsel 'ii;aji r,;' 2 furtlrer submits that, as the petitioner has ince lost contact, it is not known whether any final order has been passed. Nevertheless, considering thd merits of the matter, the learned counsel prays that appropriate orders be passed.

4. Learned Assistant Government pleader for Home and the learned counsel for respondent No.3 submit that the criminal proceedings were initiated on the allegation t]:at the petitioner had obtained employment by producing a false caste certificate. It is further submitted that, as of the date of Iiling the writ petition, the matter was pending before the District Collector/District Magistrate. Acc*dirrdy, ttris Court granted interim directions. However, on 2L.O4.2OLV, the District collector passed an ord.er cancelling the caste certificate submitted by the petitioner. As per the instmctions received, the petitioner has not challenged tlle said order. consequently, both respondents have therefore filed petitions seeking vacation of the interim order and for direction for further investigation in Crime No.136 of 2OL7 be altowed.

5. I have considered the submissions of the learned counsels and perused the material on record. r 3 6' It is an admitted fact that crime No.136 of 2017 was,: regirstered based on a report submitted by respondent No.3, the Assista't General Ma'ager (Administration), Karimnagar, aleging that the petitioner secured empro5rment by p:roducing a caste certificate. The District Lever sc*rtiny committee, headed by the Joint colector, conducted an inquiry into the genuineness of the certificate: and the proce'edings were pending before the District colrector, who was requested to take appropriate action, including prosecution of the petitioner. ( .(

7. As per the developments rqported by the respondents, it is evitent 'that the District co,ector/District Magistrate passed an order cancelring the petitioner,s caste certificate upon conlirming the ailegations and also issued a Gazntte notilication to t,'at effect. Therefore, a clear prima facie case exists for continuation of the investigation. Accordingry, it is found qppropriate to direct the Police Authorities to proceed with the: invsstigation in crime No. 136 of 2orz, strictry in accordance with due Process of law. The petitioner,s 4 contention that the initiation of t1-e crime proceedings is illegal is found to be devoid of merit' g. with this direction, this petition is dismissed. There shall be no order as to costs' Pendingmiscellaneousapplications,ifarry,shallstand elosed. /TRUE COPY/ SEGTION OFFIGER

1. One CC to SRI A' RAGHU KUMAR' Advocate l^arrrt fnf thO Court fortht" " :,2';;Two CCs to GP FOR HOME 'High ': '' -" ..^ir- u:^h .i. BI1"S# t%'X s(rDEVr' Advocate toPUcI 4. Two CD CoPies DANsI of Telangana at HIGH C}OURT DATED i2gt1Ot2O2S =ao _i: , o \ \ i i ) ORDER WP.No.1g44O of 2011 E Si,q .f, :) 1 1 [[B 2026 * * DISilIISSING THE WRIT PETITION WITHOUT COSTS ,r\r' ts, -/N/ I