THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 4732 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS, 2023’) seeking quashment of the proceedings against the petitioner in C.C.No. 3003 of 2019 on the file of the learned II Additional Judicial First Class Magistrate, Khammam, Khammam District.

2. The petitioner is sole accused in the Calendar Case registered for the offences punishable under Sections 420, 182 of the Indian Penal Code, 1860 (for short ‘the IPC’) and Sections 10, 11, 12 of SC/ST/BC Regulation of Issue Community Certificate Act-16/1993 read with Rules, 1997.

3. I have heard Mr.V.V.Rama Krishna, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State.

4. The prosecution's case, in brief, is that the petitioner/accused allegedly made a false declaration regarding his caste status and consequently obtained a fraudulent caste certificate. Following an official inquiry, the District Collector of Khammam, through Proceedings No. D3/3160/2008 dated 16.03.2011, annulled the said caste certificate and recommended initiation of criminal proceedings. Based on a report filed by the Tahsildar, Manugur, a criminal case was registered, culminating in the filing of a charge sheet.

5. Learned counsel for the petitioner contends that the petitioner is innocent and that the inquiry conducted by the District Collector, which culminated in a direction to prosecute, gives rise to the principle of double jeopardy. Further, it is submitted that the petitioner has challenged the District Collector’s order by filing a Writ Petition, in which an interim order of suspension has been granted, pending final adjudication. Accordingly, learned counsel argues that the continuation of the Calendar Case proceedings would constitute an abuse of the judicial process.

6. In response, the learned Additional Public Prosecutor opposes the petition, asserting that the petitioner derived undue benefits through the use of the fraudulent caste certificate. It is submitted that the concerned authority conducted a thorough inquiry and, upon establishing the fraudulent nature of the certificate, appropriately cancelled it. The Prosecutor argues that the existence of civil proceedings does not exonerate the petitioner from criminal liability. Moreover, the Calendar Case has been pending since 2019 and is reportedly at an advanced stage. Consequently, maintains that the petition is devoid of merit and warrants dismissal.

7. I have perused the materials on record.

8. It is an admitted fact that the petitioner claimed a particular caste status on the basis of a caste certificate, which was utilized to secure governmental benefits. The charge sheet clearly outlines the evidentiary materials that were relied upon by the District Collector in arriving at the decision to cancel the said caste certificate. It is further alleged that the petitioner, by using this fraudulent certificate, attempted to contest elections for the post of Member of the Legislative Assembly from Pinapaka Assembly Constituency. These allegations, supported by the evidence gathered during the investigation, prima facie indicate a deceptive intent on the part of the petitioner.

9. Further, the inquiry conducted by the District Collector and the criminal prosecution are distinct proceedings rooted in separate legal domains, i.e., administrative and penal, respectively. Consequently, the petitioner’s contention that the criminal proceedings are barred by the principle of double jeopardy is untenable and cannot be sustained under any interpretation of law.

10. Therefore, the materials available on record, when taken at face value, establish a prima facie case involving the commission of offences corresponding to the charges framed. In consequence, this Court finds no valid reason to interfere with the ongoing proceedings, let alone