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Immadabatnuni Veeranjaneyulu (A-1) further stated in the counter, filed before the court below that, he hails from a respectable family in the society and government employee, suffered mental agony by the acts of prosecution agency and that the District Collector is competent authority, but not Inspector of Police, Bapatla with regard to genuineness of caste certificate and the Inspector of Police has no right to register the case against A-1 under Section 5 of A.P. (SC, ST & BC) Regulation of Issue of MSM,J Community Certificates Act, 1993 and prayed for dismissal of petition before the Additional Judicial First Class Magistrate, Bapatla, Guntur District.

Vide order dated 22.01.2016, pettion was allowed by the Additional Judicial First Class Magistrate, Bapatla, Guntur District, directing the Station House Officer, Bapatla Town Police Station to conduct DNA test against Immadabatnuni Veeranjaneyulu (A-1) and the petitioners herein. Aggrieved by the said order, the petitioners filed this criminal petition on various grounds.

The main ground urged in this petition is that, the Magistrate did not take into consideration the provisions of A.P. (SC, ST & BC) Regulation of Issue of Community Certificates Act, 1993 and that, as A-1 secured employment as Additional Assistant Engineer in V.T.P.S. Electricity Generation Corporation, Ibrahimpatnam, Vijayayawada, where he is fighting against fake Diploma and Engineering Certificates obtained by the A.P. Genco staff at Ibrahimpatnam, Vijayawada through private study, without even appearing in the practical examination, while simultaneously working in A.P. Genco without even applying for any kind of leave. A-1 also filed W.P.No.3049 of 2012 and obtained orders against those fake certificates. Therefore, several employees and unions who bore grudge against Kathi David Raju, pressed into service respondents 2 & 3, fake associations which are proved fake, in view of proceedings of the District Registrar, Guntur vide G3/Society/RTI/3133/2016 dated 15.12.2016 and District MSM,J Registrar, Vijayawada vide his proceedings L.No.E2/RTI/1106-30/ 2017 dated 02.06.2017, thus, investigation itself is malafide. It is further contended that Kathi David Raju is not the son of first petitioner and brother of petitioners 2 & 3. But, still the Additional Judicial First Class Magistrate, Bapatla, Guntur District passed orders in CFR No.334 of 2016, dated 22.01.2016 directing the petitioners herein and Immadabatnuni Veeranjaneyulu (A-1) to undergo DNA test, which according to the petitioners is illegal and violative of fundamental rights of the citizen, guaranteed under the Constitution of India, as it would bastardize the child.

Learned Public Prosecutor also contended that Immadabatnuni Veeranjaneyulu @ Kathi David Raju (A-1) filed Crl.P.No.886 of 2016 which was dismissed as withdrawn. A-1 also filed W.P.No.4935 of 2016, obtained an interim order and stay was vacated on 06.01.2017. Later, A-1 filed W.A.No.95 of 2017 and the same was dismissed as withdrawn on 20.01.2017. Again A-1 along with A-2 filed Crl.P.No.551 of 2017 to quash the proceedings in Crime No.3 of 2016 on the file of Bapatla Town Police Station, Guntur District, but no stay was granted. Further, A-1 also filed Crl.P.No.12458 of 2017 challenging the order in CFR No.334 of 2016 dated 22.01.2016 on the file of Additional Judicial First Class Magistrate, Bapatla, Guntur District. Vide order dated 04.06.2018 this Court held that, ordering to conduct DNA test is not violative of any of the rights of A-1, including his MSM,J fundamental rights and concluded that the prosecution is entitled to do so in the course of investigation and held that the Court below did not err in allowing the application and dismissed the criminal petition. Thus, though, A-1 disclosed certain facts with regard to filing of writ petition, criminal petition and information obtained under Right to Information Act, referred in paragraph 1 of this petition, filed the present criminal petition to quash the order on the grounds stated above. Suppression of facts, more particularly, non-disclosure of orders passed by this Court in earlier proceedings disentitled these petitioners to claim relief in the petition, prayed to affirm the order passed by the Court below, while dismissing the present criminal petition.

Learned Public Prosecutor for the State of Andhra Pradesh also contended that, Immadabatnuni Veeranjaneyulu @ Kathi David Raju (A-1) filed Crl.P.No.886 of 2016 which was dismissed as withdrawn. A-1 also filed W.P.No.4935 of 2016, obtained an interim order and stay was vacated on 06.01.2017. Later, A-1 filed W.A.No.95 of 2017 and the same was dismissed as withdrawn on 20.01.2017. Again A-1 along with A-2 filed Crl.P.No.551 of 2017 to quash the proceedings in Crime No.3 of 2016 on the file of Bapatla AIR 1961 SC 1808 (2010) 7 SCC 263 (2013) 2 SCC 357 (2011) 7 SCC 130 CRIMINAL APPEAL Nos. 700-701 OF 2016 [Arising out of SLP (Crl) Nos.3009-3010 of 2015] dated 29.07.2016 2017 Cri LJ 3548 MSM,J Town Police Station, Guntur District, but no stay was granted. Further, A-1 also filed Crl.P.No.12458 of 2017 challenging the order in CFR No.334 of 2016 dated 22.01.2016 on the file of Additional Judicial First Class Magistrate, Bapatla, Guntur District. Vide order dated 04.06.2018 this Court observed that, ordering DNA test is not violative of any of the rights of A-1, including his fundamental rights and concluded that the prosecution is entitled to do so in the course of investigation and held that the Court below did not err in allowing the application and dismissed the criminal petition. Thus, the petitioners though disclosed certain facts with regard to writ petition and information obtained under Right to Information Act, referred in the contents of the petition, filed the present criminal petition to quash the order on the grounds stated above. Suppression of various facts, more particularly, non-disclosure of orders passed by this Court in earlier proceedings disentitled these petitioners to claim relief in the petition and thereby, prayed to affirm the order passed by the Court below, while dismissing the criminal petition filed by the petitioners herein.