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This petition is filed by the petitioners/A1 and A2 seeking quashment of charge sheet filed against them in C.C.No.875 of 2015 for the offences punishable under Sections 120B, 420, 468, 471 read with 34 IPC.

2. The facts in brief as per the charge sheet are as under;

Petitioner No.1/A1 belongs to SC community. With an intention to contest the 16th Ward as Counsellor of the Bellampally Municipality, which is reserved for ST General, in collusion with petitioner No.1/A3 prepared a fake study certificate mentioning petitioner No.1's caste as Lambada of Bhakta Singh Thanda. As per the said plan, petitioner Nos.1 and 2 went to Government Community Hospital, Bellampally, and produced the fake study certificate on the basis of which the medical officer believing the fake study certificate as genuine has issued a caste certificate stating that petitioner No.1 belongs to ST Lambada by caste. Later A1 and A2 also went to one B. Sridhar, Secretary, SC/ST Protection Society and got the certificate from him as well stating as A1 is Lambada by caste. Further, A1 and A2 applied to the revenue authorities by enclosing fake certificate issued by the medical officer, on the basis of which, VRO certified that A1 belong to Lambada caste. MRO on the recommendation of VRO has issued the certificate to the effect that A1 belonging to ST community. Basing on which A1 filed nomination for 16th Ward, contested and won the elections.

8. Petitioner No.1 has studied from class I to V at Bhaghatsingh Thanda at Dornakal School in Bellampally showing Venkataswamy as the father of petitioner No.1. Therefore, though originally petitioner No.1 and her mother/Sharada belong to ST Lambada, subsequently, after taking divorce with her husband, RW.2 has married one Venkataswamy belonging to SC caste. Since petitioner No.1 also grown up in the house, Venkataswamy as her father in all her school records, petitioner No.1 caste is shown as SC, though she belongs to ST caste as per the finding of DNA test. Therefore, the civil Court has ultimately gave a finding in E.O.P.No.340 of 2015 that petitioner No.1 belongs to ST Lambada and accordingly the proceedings of the authorities disqualifying her election was set aside and the same was binding.

9. The allegations against petitioner No.1 is that though petitioner No.1 belongs to SC caste, she has created a fake document that she belongs to ST Lambada and filed nomination for the elections as ST Lambada. Though petitioner No.1 by birth is a Lambada, since her school documents show that petitioner No.1 belong to SC community, the authorities have disqualified her election, thereby the petitioner has filed E.O.P.No.340 of 2015 and the same was allowed by the concerned Court declaring that the election of petitioner No.1 cannot be disqualified as a Counsellor of Ward No.16 of Bellampally Municipality and those orders have become final.

10. Once petitioner No.1 is declared to be belonging to ST Lambada, all the allegations against her that she created documents as if she belongs to ST Lambada will not sustain. Therefore, all the allegations and consequential registration of the case and subsequent proceedings issued against her will not have any validity.

11. Considering the discussion above, since petitioner No.1 belong to ST, it cannot be said that she forged a certificate that she belongs to ST Lambada and she used the same before the election authorities and has cheated the de-facto complainant cannot be accepted. In case, if the trial is allowed to continue against the petitioners, it amount to abuse of process of law.