Md. Ashraf vs State Of Telangana

Same person moved three Criminal Petitions, vide Criminal Petition Nos.291, 295 and 319 of 2023, all under Section 438 Cr.P.C. for grant of anticipatory bail, however in respect of different cases. The petitioner is arrayed as accused in Crime No.250 of 2022 of Kaghaznagar Town Police Station and in Crime No.115 of 2022 of Kaghaznagar Rural Police Station and in Crime No.304 of 2022 of Asifabad Police Station.

Heard Sri P.Venkatesh, learned counsel for the petitioner, as well as learned Additional Public Prosecutor who is representing the respondent-State.

The allegation that is levelled against the petitioner in Crime No.250 of 2022 of Kaghaznagar Town Police Station, which is the subject matter of Criminal Petition No.291 of 2023, is that he obtained false Caste Certificates in favour of his son and daughter by filing wrong declarations.

The allegation that is levelled against the petitioner in Crime No.115 of 2022 of Kaghaznagar Rural Police Station, which is the subject matter of Criminal Petition No.295 of 2023, is that he got allotted Acs.5.00 of land from the Government by misrepresenting the Government and by playing fraud and by suppressing the fact that he is a Government servant.

The allegation that is levelled against the petitioner in Crime No.304 of 2022 of Asifabad Police Station, which is the subject matter of Criminal Petition No.319 of 2023, is that he applied for construction of vermi compost unit at Kommuguda Village and a sum of Rupees Twenty Five thousand was sanctioned as subsidy in his favour, as he misled the Mandal Agricultural Officer, Asifabad, and Assistant Director of Agriculture, Asifabad. Also, he did not construct such vermi compost unit and he misappropriated the Government subsidy, which is meant for poor people and thereby, cheated the Government.

Making his submission, learned counsel for the petitioner states that the petitioner has not committed any offences whatsoever and he is innocent. Learned counsel also submits that for all the cases that were registered against the petitioner, the basis is the enquiry report that was submitted by the Committee and without giving any audience to the petitioner and without hearing him, enquiry was conducted and therefore, the said report is devoid of merits. Learned counsel by submitting thus, seeks for the relief claimed.

However, vehemently opposing the submissions thus made by the learned counsel for the petitioner, learned Additional Public Prosecutor states that after getting a woman converted to Islam, he married that woman and the marriage was performed by Khazi. However, hiding the said fact and projecting that she falls below the poverty line, the couple got Acs.10.00 of Government land allotted as an incentive to inter-religious marriage. Learned Additional Public Prosecutor states that the fact that the petitioner is a Government servant was suppressed intentionally. Learned Additional Public Prosecutor also states that the wife of the petitioner occupied and encroached the land which was already assigned in favour of an Ex-service man. Learned Additional Public Prosecutor also states that by misleading the Tahsildar, Kaghaznagar, a Possession Certificate was obtained in respect of another piece of property by the petitioner. Learned Additional Public Prosecutor also states that by misrepresenting the fact that he is a Government servant, the petitioner obtained subsidy from the Department of Agriculture for construction of vermi compost unit and indeed, failed to construct such a unit and misappropriated the Government subsidy. Learned Additional Public Prosecutor also states that the wife of the petitioner also got sanctioned a sum of Rupees Twenty Five thousand as subsidy for construction of vermi compost unit by suppressing the fact that her husband is a Government employee and the said amount was also misappropriated. Learned Additional Public Prosecutor also contends that the petitioner by suppressing the fact that he married a woman after getting her converted to Islam, obtained false Caste Certificates in favour of his children and all these facts were clearly borne on record by the Enquiry Committee through its report. Learned Additional Public Prosecutor also contends that the enquiry report itself reveals that number of notices were issued to the petitioner to attend the enquiry and ample opportunity was given.

Record reveals justification in the said submissions of the learned Additional Public Prosecutor.

Grave allegations are levelled against the petitioner in all the three cases. As per the version of the prosecution, the petitioner committed the offences of cheating the Government and criminal misappropriation. Further, the submission of the learned Additional Public Prosecutor is that the investigation is still pending.

Having perceived all these facts, this Court is of the view that the request of the petitioner cannot be honoured.

Resultantly, all the Criminal Petitions are dismissed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.