Chenangi Srinivas, (A1) v. The State of Andhra Pradesh

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.P.NO.5548 OF 2011

ORDER:

This petition is filed to quash the proceedings in FIR No.162 of 2011 on the file of the S.H.O Yedapally P.S., Nizamabad District, which was registered on the complaint of the Revenue Divisional Officer, Bodhan on 0107-2011 to the effect that the petitioners have by suppression of material facts induced to give a false certificate with date of birth as 03-08-1979 and therefore an offence under Section 420 and 193 IPC has been committed.

The learned Senior Counsel appearing on behalf of the petitioners contends that under the provisions of the Registration of Births and Deaths Act,1969, the offences themselves are punishable by R.D.O under Section 23 (b) of the Act and the penalty is also provided as per the scheme of the said Act. Therefore, in view of the above circumstances, any false information or false certificate obtained by the petitioners can be effectively dealt by the R.D.O himself and there is no need for criminal investigation. Taking into consideration the above submission of the learned Senior Counsel, the police are directed to investigate the above facts and also keeping in view the provisions of the law, proceed with the further investigation. However, till the completion of investigation and filing of the charge sheet, if any, the arrest of the petitioners is stayed. Further, the petitioners can also give a representation to the concerned police bringing the factual aspects and the legal application of the provisions. Accordingly, the criminal petition is disposed of.

_______________________ N.R.L.NAGESWARA RAO,J

12-07-2011 Note: Issue CC in Two(2) days. (B/o) TSNR