M.SATAYANARAYANA RAJU Vs. STATE OF A.P.

JUDGEMENT

(1.) The quoted Criminal Petition is filed to call for the records pertaining to C.C. No.1585 of 2018 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram and to quash the same.

(2.) The facts that are succinctly that the petitioner/accused produced the Schedule Tribes Caste Certificate and obtained employment illegally in the District Court. One Regu Maheswararao, who is examined as LW2, has identified that the accused is not Scheduled Tribe by caste and presented a representation to the then District Judge, Vizianagaram. Then, the District Judge has referred the matter to the Additional District Judge and Head of the Vigilance cell of the Vizianagaram, to conduct an enquiry into the matter. Accordingly, an enquiry was conducted and a report was submitted for prosecuting the accused in accordance with law. Accordingly, a report was lodged by the LW1 to the Rural Police, Vizianagaram and the Police has registered the crime as FIR No.3 of 2018 under Ss. 419, 420, 466, 467, 468, 471 IPC. After due investigation, the police have forwarded the charge sheet under Sec. 173(2) Cr.P.C. to the Court of Additional Judicial Magistrate of First Class, Vizianagaram and the same was registered as C.C. No.1585 of 2018.

(3.) The said C.C. was assailed in the Criminal Petition on the ground that the District Collector itself has not followed the process in dealing with the correctness of the caste certificate of the petitioner and hence, unless and until the enquiry is completed criminal proceedings cannot attract to the petitioner.