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2007 Supreme(Online)(AP) 12

ANDHRA PRADESH HIGH COURT
A, J
Md. Rafeeq v. State of Andhra Pradesh


1 The petitioner is the accused in Crime No. 929 of 2006 of Rajendranagar Police Station, Ranga Reddy District, registered for the offences under S.409 and S.468 of IPC.

2 The allegation against the petitioner is that he forged his last pay certificate as if it was issued by the Assistant Research Officer. In the complaint, it is mentioned that an enquiry was conducted in this connection against the petitioner and the enquiry report discloses that the signature on the last pay certificate is tallying with that of the petitioner which was issued by a mazdoor by name Habeebuddin. As per the Government instructions, a complaint was lodged with the police for the offence of creating a false last pay certificate and drawing salary on that basis.

3 It was mentioned in the complaint that the matter was referred to the Public Prosecutor of Rangareddy District for his opinion and the Public Prosecutor gave his opinion on 14-12-2004 mentioning that it is a fit matter to file a case against the petitioner.

4 The petitioner filed the present Application by contending that in view of the judgment of the Supreme Court in R. Sarala v. T. S. Velu , 2000 (4) SCC 459 : 2000 CriLJ 2453, filing of the ca














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