SURINENI RENUKAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner herein, who is arrayed as Accused No.2 in C.C.No.441 of 2018 on the file of the Court of the Learned Additional Junior Civil Judge/Judicial Magistrate of First Class, Ponnur, Guntur District, filed the present quash petition.

(2.) Pursuant to a complaint made by the 2ndrespondent herein, the Police registered F.I.R.No.189/2015 against the petitioner/Accused No.2 and his father/Accused No.1 initially for the offence punishable under Sec. 182 and later added Sec. 420 of the Indian Penal Code (for short "IPC"). In the complaint, it was alleged that Accused No.1 i.e., father of the petitioner/Accused No.2, applied for a belated Date of Birth Certificate for the purpose of Passport to Accused No.2/petitioner through Mee-Seva, Ponnur on 7/12/2014, in support of the said application, Accused No.1 and Accused No.2 submitted respective Notarized Affidavits stating that Accused No.2 was born on "11/1/1994" in Kattempudi Village, but in the enquiry it came to light that the petitioner's date of birth was recorded in Ponnur Municipal Records as "11/1/1993" and thus it is clear that Accused Nos.1 & 2 intentionally suppressed the real truth in order to mislead the Revenue authorities with a view to obtain a false Date of Birth Certificate. The Police after conducting investigation filed a Charge Sheet, the cognizance of which was taken vide C.C.No.441 of 2018 and the same is sought to be quashed. During the course of considering the matter, it transpired that the petitioner herein along with his father/Accused No.1 filed a discharge petition vide Crl.M.P.No.7163 of 2019 under Sec. 239 of Cr.P.C and the same was dismissed by the Learned Magistrate on 27/6/2022. In view of the same, the petitioner herein filed I.A.No.2 of 2022 to amend the main prayer in the Criminal Petition and also to set aside the said order dtd. 27/6/2022.

(3.) Heard Mr.K.Chidambaram, Learned Senior Counsel. Also heard the Learned Assistant Public Prosecutor appearing for the respondents.