HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.1838 OF 2007 DATE:10.06.2010 Between: Kothapalli Venkata Subba Rao …….Petitioner And: State of AP., rep. by PP and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.1838 OF 2007 ORDER: The petitioner/A-1 is accused of offences punishable under Sections 468, 420/34 IPC along with A-2 in C.C.No.395 of 2006 on the file of II Additional Judicial Magistrate of the First Class, Bhimavaram. The petitioner is a retired Deputy Executive Engineer (Drains) and he is stated to be aged 73 years. The only allegation against him is that he in collusion with A-2 gave a certificate unauthorisedly and unlawfully with a view to gain wrongfully by A-2 to the effect that A-2 was in service from 01.08.1984 to 31.08.1987 as Work Inspector (N.M.R). Basing on the said certificate, A-2 filed I.D.No.254 of 1996 before Labour Court-cum- Industrial Tribunal, Guntur and obtained reinstatement as Work Inspector on the ground that his services were illegally terminated. It is stated that as against the order passed by the Labour Court, Guntur, Writ Petition No.12755 of 2005 is filed by the Government and it is pending. There is absolutely no allegation in the charge sheet that the said service certificate issued by A-1 was factually incorrect. When there is no dispute about the factum of A-2 working as Work Inspector (N.M.R) during the above period for which the certificate was issued, this Court is of the opinion that A-1 cannot be prosecuted. It is contended by the Public Prosecutor that as per allegations in the charge sheet, investigation revealed no records relating to A-2 being in service during the above period. Simply because records relating to the year 1984 are not available in the year 2006, A-1 cannot be held liable for the same. In the result, the petition is allowed quashing C.C.No.395 of 2006 on the file of II Additional Judicial Magistrate of the First Class, Bhimavaram in so far as the petitioner/A-1 is concerned. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:10.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.1838 OF 2007 Date:10.06.2010 Gk.