Telangana High Court
CRLP/13425/2010 of G. Brahmananda Chowdhary Vs The State of A.P. on 31 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.13425 of 2010 ORDER: Petitioners herein are victims 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 these persons and several others,
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No.13425 of 2010
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ORDER:
Petitioners herein are victims 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 thesepersons and several others, collected huge amounts and alsocollected the original certificates of their education. Thereafter,on coming to know the fraud, the said crime was registered bythe Inspector of Police, CBI, Hyderabad, against the accusedand the original documents such as educational certificates ofthe petitioners herein and others have been seized from theaccused and the matter is pending before the learned SpecialJudge for CBI Cases, Hyderabad.
As the petitioners are unemployed youth and they requiretheir original certificates for prosecuting further studies or forgetting employment, they filed the present petition underSection 482 Cr.P.C. seeking a direction to the Special Judge forCBI Cases, Hyderabad, to return the original certificates to themwhich 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 petitioners, is that the matteris pending trial and it takes years for completion of the trial anddisposal of the same, and it unnecessarily creates troubles tothe petitioners if the original education certificates are notreturned to them.
The contention of Sri P.Kesava Rao, the learned SpecialStanding Counsel for CBI, is that the said certificates of thepetitioners are very much required during the course of trial andif the same are released in favour of the petitioners 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 petitioners 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 petitioners only, subject to the followingconditions.
1) petitioners shall give photocopy of their respectivecertificate/s;
2) petitioners 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) each petitioner shall give an undertaking that he willproduce the original certificate/s as and when required by theCourt below 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