THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7533 of 2009 BETWEEEN: K.P.Kishore, S/o.Penchalaiah … Petitioner AND State rep. by Public Prosecutor & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7533 of 2009 ORDER: The petitioner/A7 is working as Tahsildar in Nellore District. During the relevant period, he was working at Kavali in that District. There are disputes between the 2nd respondent/complainant and A1 by name S.V.D.V. Prasada Rao, who was working as Deputy Superintendent of Police, Kavali. It is alleged that when A1 intended to purchase house property in which the 2nd respondent has been in occupation and requested the 2nd respondent to vacate the same, the 2nd respondent refused to do so. Therefore, out of those disputes, PRC.No.2 of 2009 is filed by the 2nd respondent against A1 to A8. A2 to A6 are from the Police Department, who are stated to have assisted in the activity of A1. The case relates to offences punishable under Sections 384, 354, 506, 509, 452, 171E/34 I.P.C. In none of the said offences, A7 is stated to have participated muchless along with A1 to A6. The only allegation against A7 is contained in Para 25(a) of the private complaint to the following effect: “K.P. Kishore, Tahsildar, Kavali has cooperated the D.S.P. by issuing a Caste Certificate, which has not issued from M.R.O. Office officially”. 2. It is contended by the petitioner’s counsel that on the requisition issued by the Police Department through A1, who was the then Sub Divisional Police Officer, Kavali, he issued Form of Caste Certificate in Annexure-III on 25.11.2005 relating to the person in respect of whom, the Caste Certificate was requisitioned. Issuing a Caste Certificate either officially or unofficially is no crime, unless there are allegations that the said Caste Certificate was a false one or fabricated one, issued with the knowledge thereof. No such allegations are forth coming against A7 in this case. Therefore, taking the allegations in the complaint on their face value, there are no ingredients of any offences for which the case was filed by the 2nd respondent in the lower Court. 3. In the result, the Criminal Petition is allowed quashing P.R.C.No.2 of 2009 on the file of Additional Judicial Magistrate of the First Class, Kavali, insofar as the petitioner/A7 is concerned. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7533 of 2009 DATED: 28.03.2011 ysk