HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.4293 OF 2008 DATED.21-10-2011 ORDER: This Criminal Petition is filed by the Petitioner/Accused under Section 482 of Cr.P.C. seeking to quash proceedings in S.T.C. No.542 of 2008, on the file of S.H.O. Keesara P.S. Ranga Reddy District (pending on the file X Additional Metropolitan Magistrate, Malkajgiri, Ranga Reddy District) registered for offences punishable under Sections 504 and 290 I.P.C. 2. Whereas the Petitioner is the Accused, the Respondent No.2 is the De-facto complainant in the Summary Trial Case. For the sake of convenience, I refer the parties as arrayed in the S.T.C. 3. The main allegation of the prosecution is that the Accused submitted his date of birth as 12-12-1944 instead of 12-12-1941 while joining as the Principal of Tirumala Engineering College, Bhogaram Village, Keesara Mandal, R.R. District and when the de-facto complainant being the Executive Director requested him to produce his original documents i.e. date of birth certificate and other educational credentials to send them to the Registrar J.N.T.U.C., the accused refused and again when the de-facto complainant requested him to produce his original documents in the college campus at about 03-00 p.m. on 13-03-2008, the accused abused the de- facto complainant in a vulgar language and also shouted saying that he would go to any extent to damage the reputation of the college by influencing concerned authorities like AICTE, JNTU and Department of Higher Education with his ability, to prevent the other to produce the original documents, and hence the Accused is liable to be punished for the alleged offences. 4. It is the main contention of learned counsel for the Accused that he was never present in the college in the month of March, 2008 and in fact he was engaged in performing the annual ceremony of his wife on 13-03-2008 who expired just one year prior to that. Admittedly, the Accused filed O.S. No.938 of 2008 and also I.A. No.928 of 2008 therein for recovering an amount of Rs.5,30,400/- against the College represented by its Chairman K. Vidya Sagar Rao, its Secretary M. Narasimloo and Board of Director/Correspondent A. Mahesh Babu and for attachment of property before judgement respectively on the file of the Court of II Additional Senior Civil Judge, R.R. District at L.B. Nagar, Hyderabad and as a counterblast the present Criminal Case was filed against him and hence the proceedings are liable to be quashed. 5. On the other hand, it is the contention of learned counsel for the de-facto complainant that prima-facie there is material to prosecute the accused for the alleged offences and unless necessary trial is conducted it cannot be said that he is innocent of the charges. 6. The point for consideration is whether sufficient grounds are there in order to quash the proceedings as prayed for? 7. I have gone through the record. There is clear material prima- facie to the effect that the accused threatened the de-facto complainant in the college premises on 13-03-2008. Further, it is pertinent to note here that in the Suit O.S. No.938 of 2008 pending on the file of II Additional Senior Civil Judge, R.R. District at L.B. Nagar, the de-facto complainant is not a party, whereas it is mainly against the college authorities represented by different other persons. Further, no certified copy of original attendance register is filed before the court in order to come to a conclusion prima-facie that Xerox copy filed is a true one. Further, unless necessary evidence is adduced it is difficult to say at this stage whether the so called printed card of the annual ceremony of his wife is true or not. In other words, in order to uphold his claim necessary evidence is to be recorded on all aspects. Hence, I am not able to hold no prima-facie case is made out against the Accused and a false case has been foisted against him. With the above observations, I find no merits in the case and accordingly the Criminal Petition is dismissed. __________________________ G. KRISHNA MOHAN REDDY, J Dated: 21-10-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 173 CRIMINAL PETITION No.4293 OF 2008 October, 21, 2011 DSH