Kotte Sarvari, Vs State of Andhra Pradesh

The petitioners are arraigned as Accused Nos.1 and 2, in C.C.No.6 of 2020, on the file of the Additional Junior Civil Judge, Bapatla, Guntur District, for the alleged offence under Section 3 of the Child Adolescent Labor (Prohibition and Regulation) Act, 1986, and Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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It is submitted by the learned counsel for the petitioners that the respondent No.1, along with other government officials, found fifteen minor boys working in the company, and a case was registered. The police, after investigation, filed a charge sheet, which was taken on file as C.C.No.6 of 2020, by the Additional Junior Civil Judge, Bapatla, Guntur District.

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The learned counsel for the petitioners submits that the learned Magistrate has taken cognizance of the case and issued summons to the named accused. The petitioners are arraigned as Accused Nos.1 and 2.

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The learned counsel for the petitioners submits that Section 16 of the Child and Adolescent Labour (Prohibition of Regulation) Act, 1986, the procedure contemplated under the Act was not

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followed by the concerned authorities, and the procedure contemplated under the Act was not followed by the concerned authorities, and the procedure laid down by the Act was violated. The complaint was filed before the police, and the police have conducted an investigation.

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5. Section 16 reads as follows:

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“16. Procedure relating to offences –(1) Any person, police offiver or Inspector may file a comlaint of the commission of an offence under this Act in any court of competenet jurisdiction.

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(2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child towhom it relates.

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(3) No court inferior to that of a Metropoolitan Magistrate or a magistrate of the First class shall try any offence under this Act.”

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The learned counsel for the petitioners submits that in an identical case, the High Court for the State of Telangana dealt with the issue where the petitioner therein were also charged with a violation of Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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The learned counsel for the petitioners submits that for attracting the provisions of Section 79 of the Juvenile Justice (Care

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and Protection of Children) Act, 2015, that should be a statement of assault, abuse or neglect to the witnesses. In Criminal Petition No.9020 of 2022, which was decided by the Telangana High Court, similar and identical facts were involved, and the learned Judge, having noted that the proceedings under Section 79 were directed to the facts of the case, held that the proceedings were liable to be quashed against the petitioners therein.

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In the present case, none of the witnesses speak about any assault by the accused or any physical or mental suffering to the witnesses.

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Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor.

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The facts of this case are identical to the facts of the issue which was dealt with by the High Court for the State of Telangana, insofar as this case is concerned, the procedure is contemplated under Section 16 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, was not followed. The competent authority who filed the complaint before the Court did not have competent jurisdiction, despite conducting an enquiry and filing the charge sheet.

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Considering the non-compliance with Section 16 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, and also considering the facts of the order made by the Telangana High Court in Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015, C.C.No.6 of 2020 is hereby quashed.

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12. Accordingly, the Criminal Petition is allowed.

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

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Date: 18.03.2025 NKA

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___________________ JUSTICE HARINATH.N

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