THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7588 of 2009 BETWEEEN: The Managing Director, P.R. Ramakrishna Dutt. … Petitioner AND 1. The State of A.P. & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7588 of 2009 ORDER: The petitioner/A1 is accused of offence punishable under Section 197/34 I.P.C. in CC.No.71 of 2009 on the file of III Additional Judicial Magistrate of the First Class, Rajahmundry, along with another. A1 is Managing Director and A2 is HR Executive of Quasar Innovations (P) Limited, Bangalore. The 2nd respondent/complainant filed M.C.No.278 of 2004 against her husband for maintenance in the Court of IV Additional Judicial Magistrate of the First Class, Rajahmundry and obtained maintenance order to her and her children on 05.08.2006. She filed Crl.M.P.No.146 of 2008 in that maintenance case for enhancement of monthly maintenance. The Family Court, Rajahmundry addressed letters to Quasar Innovations (P) Limited, Bangalore about salary particulars and salary certificate of the 2nd respondent’s husband. The allegation is that A2 who is HR Executive, addressed letter dated 10.09.2008 to the Family Court, Rajahmundry stating that the 2nd respondent’s husband, S.V.S.N.Murthy was no longer their employee as his services were terminated in April, 2008. It is alleged that the same company credited amounts to the salary account of the 2nd respondent’s husband in ICICI Bank during August and September, 2008. Without going into the merits of the allegations in the complaint, this Court finds that the impugned letter dated 10.09.2008 was addressed by A2 as HR Executive of Quasar Innovations Private Limited to the Family Court, Rajahmundry. The said letter was not addressed by A1 or on behalf of A1. Therefore, the question of A1 attracting liability under Section 197 I.P.C. does not arise at all. Under Section 197 I.P.C., it is only the person who issues or who signs any certificate required by law to be given or signed knowing or believing that such certificate is false in any material point, would be liable. Since the petitioner/A1 neither issued the said certificate-cum-letter dated 10.09.2008 nor signed the same, the question of the petitioner being proceeded with the case for the offence under Section 197 I.P.C. does not arise at all. 2. In the result, the Criminal Petition is allowed quashing proceedings in CC.No.71 of 2009 on the file of III Additional Judicial Magistrate of the First Class, Rajahmundry insofar as the petitioner/A1 is concerned. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 31.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.7588 of 2009 DATED: 31.03.2011 ysk