B DASARATHARAMAIAH Vs. STATE

JUDGEMENT

(1.) All these revisions are filed by the accused against the dismissal of petitions filed by them under Section 239 of the Code of Criminal procedure to discharge them from the charges for the alleged offence under Section 420,182 read with Section 10 and 11 of, (Scheduled Castes, Scheduled Tribes and Backward Castes) Regulation of Issue of Community Certificates Act, 1993 (for short 'the Act').

(2.) The facts in nutshell are as under: L.W. 1-Bathala Madhava Rao, filed a petition alleging that petitioners have secured employment in New India Assurance Company Limited in the vacancies reserved for Scheduled Caste by showing bogus caste certificate. The same was enquired into by L.W. 13 and who after enquiry submitted his report to the Additional Director General of Police, CID, Hyderabad. Basing on the said complaint a crime was registered under Sections 420,182 IPC and Sections 10 and 11 of the Act, and after due enquiry necessary charge-sheet was filed before the 11 Additional Judicial First Class Magistrate, Nellore stating that the petitioners though belong to Chembadi (Besta) by caste but obtained a caste certificate as Samban which is notified as Scheduled Caste and basing upon the said caste certificate they secured jobs in the New India Assurance Company Limited, Ongole under the SC quota and accordingly cheated the Government punishable under Section 420 IPC and Sections 10 and 11 of the Act. it appears that investigating officer after due investigation into the crime submitted his report to the Additional Director General of Police, CID, Hyderabad and as per his directions he forwarded the report to the Collector and basing upon the same Collector issued notice to all the accused to appear before the Joint Collector/Chairman District Review Committee in respect of the claim Samban (ST). Questioning the same accused appears to have filed W.P.No. 21592 of 1997 before this Court. Though this Court initially granted stay but finally dismissed the writ petition observing that it is premature and misconceived and permitted the accused/ petitioners to file their explanation within 60 days and on such explanation is being filed, the authorities shall hold enquiry and pass necessary orders. The Collector as per the directives of this Court caused a detailed enquiry and passed orders, cancelling the caste certificates of the accused. Aggrieved by the same the accused filed appeals before the Government under Section 7(2) of the Act 16/93 who entertained the same and observed that procedure in Rules 8 and 9 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes, Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 has not been followed, allowed the appeals and set aside the orders passed by the Collector and directed the Collector to withdraw/stop if any legal action is contemplated against the appellants/accused. in view of the same, the above petitions came to be filed under Section 239 of the Code of Criminal Procedure to discharge them from the charges. The same were dismissed by the lower Court. Hence, the present revisions.

(3.) Learned senior counsel, Sri C. Padmanabha Reddy, contends that when once the charge that the petitioners obtained bogus caste certificate was enquired into and set aside by the Government after due enquiry and directed the Collector not to take any legal action against the accused, prosecution cannot be allowed to continue for the alleged offence. Therefore, accused are liable to be discharged. it is urged by the learned senior counsel that the when the certificates obtained by the petitioners are not cancelled, they cannot be charged for the offence under Sections 10 and 11 of the Act.