Telangana High Court
CRLP/13445/2010 of K.VENKATESWARLU Vs THE STATE OF A.P. on 31 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.13445 of 2010 ORDER: Petitioner herein is victim in R.C.No.17( A )/2010-CBI, Hyderabad, and prima facie it appears that the accused Nos.1 to 12 therein, under the guise of providing employment to him and several others, collected
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No.13445 of 2010
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ORDER:
Petitioner herein is victim in R.C.No.17(A)/2010-CBI,Hyderabad, and prima facie it appears that the accused Nos.1to 12 therein, under the guise of providing employment to himand several others, collected huge amounts and also collectedthe original certificates of their education. Thereafter, oncoming to know the fraud, the said crime was registered by theInspector of Police, CBI, Hyderabad, against the accused andthe original documents such as educational certificates of thepetitioner herein and others have been seized from theaccused and the matter is pending before the learned SpecialJudge for CBI Cases, Hyderabad.
As the petitioner is an unemployed youth and he requireshis original certificates for prosecuting further studies or forgetting employment, he filed the present petition under Section482 Cr.P.C. seeking a direction to the Special Judge for CBICases, Hyderabad, to return the original certificates to himwhich were seized in connection with R.C.No.17(A)/2010-CBI,Hyderabad.
The main contention of Sri T.Pradyumna Kumar Reddy,learned counsel appearing for the petitioner, is that the matter ispending trial and it takes years for completion of the trial anddisposal of the same, and it unnecessarily creates troubles tothe petitioner if the original education certificates are notreturned to him.
The contention of Sri P.Kesava Rao, the learned SpecialStanding Counsel for CBI, is that the said certificates of thepetitioner is very much required during the course of trial and ifthe same are released in favour of the petitioner, there is nopossibility of getting them back at a later stage.
For an unemployed youth, a certificate with regard to hiseducational qualification is a vital document and without thesame, he can neither prosecute his further studies nor get anemployment. Apparently, it is a case of the year 2010 and asstated by both the learned counsel that several persons areinvolved in this matter, this Court is of the firm view that it takesyears for completion of trial and, if the petitioner are left withoutthe educational certificates all along, they would certainly facelot of problems either in further prosecuting the studies or ingetting employment. Hence, this Court exercises its inherentpowers conferred under Section 482 of Cr.P.C. and directs theCourt below to release the original educational certificatespertaining to the petitioner, subject to the following conditions.
1) petitioner shall give photocopy of his certificate/s;
2) petitioner shall execute bond for a sum of Rs.25,000/-(Rupees twenty five thousand only) each with one surety in alike sum each; and
3) petitioner shall give an undertaking that he will producethe original certificate/s as and when required by the Courtbelow during the course of trial.
Subject to the above observations, the Criminal Petition isdisposed of.
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JUSTICE GOPALA KRISHNA TAMADA
31[st] December 2010DR