The court may quash proceedings if allegations do not constitute an offence, as seen in the case where the petitioner lawfully obtained a caste certificate.

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘ Cr.P.C .’) to quash the proceedings against the petitioner in C.C.No.1697 of 2022, on the file of the learned II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class (Juvenile Court), Bhupalapally, registered for the offences punishable under Section 420 of the Indian Penal Code, 1860 .

2. The brief facts of the case are that respondent No.2, Assistant Commissioner of Police, Kataram Police Station received a memo vide C.No.138/CI-DCRB-JSB/2017, dated 24.10.2017, in which it is mentioned that “sub: Register the case against the petitioner – Reg, Ref: C.No.A1/05/05/2016, dated 18.10.2017 of Commissioner of Police, Karimnagar with reference of the above cited subject that the petitioner has submitted fake caste certificate as Gandla – BC but he belongs to Reddy Gandla (OC).”

3. Basing on the said complaint, the Police registered a case against the petitioner in Crime No.263 of 2017 for the offences punishable under Section 420 of the IPC and after completion of investigation, they filed charge sheet, the same was numbered as C.C.No.1697 of 2022 before the learned II Additional Junior Civil Judge-cum-Judicial Magistrate of First class (Juvenile Court), Bhupalapally.

4. Heard Sri K. Sharath, learned counsel appearing on behalf of the petitioner as well as Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of the respondents.

5. Learned counsel for the petitioner submitted that the Police without investigating the matter, registered the case against the petitioner for the offence punishable under Section 420 of IPC . He further submitted that the petitioner has applied for the post of Police Constable in the year 2017 mentioning his caste as Gandla (BC) category. He got selected to the said post but he was not appointed to the said post due to caste difference issue. Learned counsel further submitted that in fact the Gandla Caste comes under Backward Class. During the course of verification of certificates, L.W.1 visited the office of the Tahsildar, Kataram and verified the caste of the petitioner and it was revealed that he belongs to Reddy Gandla – OC Community but not Gandla – BC Community, as such, the crime was registered against the petitioner.

6. Learned counsel for the petitioner further submitted that since the date of admission of the petitioner into his school has been recorded as B.C Gandla and he obtained his Caste, Nativity and Date of Birth Certificate from time to time, wherein, all the certificates were issued by the concerned revenue officials showing that the petitioner belongs to BC Gandla Caste.

7. Learned counsel for the petitioner further submitted that the petitioner filed W.P.No.33737 of 2015 before this Court and this Court has directed the Tahsildar to issue the Digital Copy of the Caste Certificate to the Petitioner. Further, when the proceedings were issued by the Chairman, Telangana State Level Police Recruitment Board for cancellation of the provisional selection of the petitioner for the post of Constable, the petitioner again filed W.P.No.35749 of 2017 and this Court has suspended the said proceedings vide I.A.No.1 of 2018 in W.P.No.35749 of 2017 by considering the two earlier community certificates issued to the petitioner and the writ petition is pending.

8. Learned counsel for the petitioner submitted that Gandla – BC Community was comes under Backward Class Community and it was clarified by the then Government of Andhra Pradesh vide Memo No.321/C2/2007-7 dated 02.08.2010 that the said caste comes under BC category and not O.C Category. He further submitted that petitioner got selected for the Post of Police Constable vide notification No. RC.No.41/Rect./Admn-1/2022, dated 25.04.2022, however, the selection is subject to the “Outcome of the relevant Court Cases, if any,” and “Verification of Antecedents/Original Certificates and Medical Examination”. Therefore, h