APHC010622952022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9186/2022 Between: K Basha ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. T V P SAI VIHARI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. AKULA SRI KRISHNA SAI BHARGAV The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/ Accused No.7, seeking quashment of the proceedings against him in C.C No.449of 2018 on the file of the Judicial Magistrate of First Class, Puttaparthi, Ananthapuram. 2 Dr.VJPJ, CRLP.No.9186/2022 2. Heard Sri TVP Sai Vihari, learned counsel for the petitioner, Sri ASKS Bharghav, learned counsel for the respondent No.2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner herein is the A7 facing allegation in C.C No.449 of 2018for the offences under Section 197, 198 and 182 of IPC. Learned counsel would further submit that it is alleged against the petitioner that he has issued resident certificate to A1 and by using the said resident certificate, A1 has executed a sale deed without having any right or title over the property. In fact, A1 has created the sale deed by cheating the complainant. Learned counsel would further submit that A7 is Revenue Inspector, and he has nothing to do with the allegations made against the other accused. Learned counsel would submit that Petitioner has issued the resident certificate while discharging his official functions. The Investigating Officer could not collect anything against the petitioner attributing guilt intention for issuance of such certificate. The proceedings issued by the LWs-9, 10 and 11 would disclose that while discharging the official duties only, the petitioner issued such certificate. It does not automatically gives any right to A1 to execute a sale deed against the property over which he has no right or title. 4. Learned counsel for the petitioner would further submit that absolutely there are no ingredients to attract the offences either under Section 197 or 198 of IPC against the petitioner. That apart, no court shall take cognizance 3 Dr.VJPJ, CRLP.No.9186/2022 for such offences under Section 195 of Cr.P.C without therebeing any complaint from the concerned Court. Learned counsel finally submits that continuing criminal proceedings against the petitioner is mere abuse of process of law. 5. Learned counsel for the respondent No.2 would submit that in the light of the proceedings issued by the LWs-9 to 11, the Court may pass appropriate Orders. 6. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders in the light of the proceedings issued by the LWs. 9 to 7. The present case has to be scrutinized in the light of the Section 195 Cr.P.C. The Section 195 (1) Cr.P.C. reads as follows: 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (1)No Court shall take cognizance – (a) (i)of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or (ii)of any abetment of, or attempt to commit, such offence, or (iii)of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or other public servant to whom he is administratively subordinate; … 4 Dr.VJPJ, CRLP.No.9186/2022 As rightly put by the learned counsel for the petitioner, the Court cannot take cognizance for the offences under Section 182 of IPC without therebeing a complaint and taking cognizance for the offence under Section 182 of IPC basing on the Police report is not maintainable. 8. Coming to the offence under Sections 197 and 198 of IPC, the sections read as follows: 197. Issuing or signing false certificate.— Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence. 198. Using as true a certificate known to be false.— Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. To attract offence under Section 197, there must be some allegation against the petitioner that having knowledge that it is a false document, he signed the certificate i.e., Resident certificate, only then he would be liable for the punishment under Section 197 of IPC. Likewise, coming to the offence under Section 198 of IPC, there must be some allegation against the petitioner that he is having knowledge that it is a false information, used the said information, as proof for issuance of such certificate. 5 Dr.VJPJ, CRLP.No.9186/2022 9. A fair look at the material placed on record, no iota of material is shown against the petitioner that having knowledge that it is false information, he issued such resident certificate or he used the certificate as a proof, having knowledge that it is a false document. In absence of any such allegations, continuing criminal proceedings against the petitioner is mere abuse of process of law. 10. In that view, the petition is allowed. The case against the petitioner/A7 in C.C No.449 of 2018 on the file of the Judicial Magistrate of First Class, Puttaparthi, Ananthapuram is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.01.2025 UPS 6 Dr.VJPJ, CRLP.No.9186/2022 40 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9186 of 2022 Dt.07.01.2025 UPS