Allowed

Srinivas , Gopal Venkatesan v. The State of Telangana

Telangana HC25 Jan 2023CRLP/9199/2022

Case brief

AI extract

What is this about?

The High Court allowed the criminal petition to quash proceedings against the petitioners (Accused No 2 and 3) in C.C. No. 2205 of 2021 for offences under sections 75 and 79 of the Juvenile Justice Act, 2015, relying on a previous order quashing the case against Accused No 1.

What did the court decide?

Criminal petition allowed and proceedings against petitioners in C.C. No. 2205 of 2021 under Sections 75 and 79 of the Juvenile Justice Act, 2015 quashed.

Srinivas , Gopal Venkatesan Vs The State of Telangana — Quashing and FIR | Telangana HC (2023)

¶1

[32s1 )

¶2

HIGH COURT FOR THE STATE OF TELANGANA

¶3

WEDNESDAY,THE^{TWENTY FIFTHDAYOF JANUARY} TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE^{SRIJUSTICE K.SURENDER}

¶6

CRIMINAL PETITION NO:9199 OF 2022

¶7

Between:

¶8

srinivas @^{GopalVenkatesan,S/o.K. Gopal, Agedabout.55years, Occ.Business,} a^ a^1 41. RosE^{Pride Enclave,Near Kushi Gardens, Dammaiguda- 500083} 2 '"" '^'lirrmaou Harish @ Harry, S/o. K. Gopal Venkatesan, Aged about.28 years, Occ. gtgl;Xpr#:x6a.a6RJo.^{Flat No. 104, Ananda LahariResidency,BhavaniNasar Colony,} ...PETITIONERS/ACCUSEDNo.2 & 3

¶9

AND

¶10

1 The State^{of Telangana.Through Public Proseculor, High Court for Slateof} Telans%'aat;l:"13331. o" G. Nasesh, Ased about.4e years, occ. para Lesar vorunreer 2. Rvo N'4ohan Nasar coronv' Baraji Nasar' Medchar-Markajsiri S Slijlij31l['^{??JZ6LP;ryi-'}

¶11

.,.RESPONDENTS/COMPLAINANT

¶12

petition under Section⁴⁸² of Cr.P.C^praying thatⁱⁿ the cjrcumstances^{statedin the} tVemorandum^{of Groundsof Criminal Petition,the HighCourt may be pleasedto quash} rt'" oroceedings^{in C.C. No 2205ol 2021 on the file of find AJCJ-cum-llAddl.} Uetrloolitan^{Magistrate, Cyberabad,At Malkajgirifor theoffences under Sections 75 and} i9 of'the^{Juvenile Justice (Care and Protectionof Children)Act, 2015 againstthe} Pelitioners/^{AccusedNo 2 and3'}

¶13

t.A. No :1^OF2022

¶14

petition under Section^{482of Cr.P.C praying} that^{in thecircumstancesstated} in^the' [,lemorandum^{of Groundsof Criminal Petition,the High Court may be pleased to stayall} ftrrrher oroceedings^{in C.C. No. 2205 of 2021on the file of Il AJCJ-cum-llAddl.} iJ.iiooofitun^{Magistrate, Cyberabad.At l,4alkajgirifortheoffences under Sections 75 and} 79 oi the Juvenile^{Justice(Care and Protection of Children) Act, 2015 including} appearance^{of thePetitioners/Accused No. 2 and 3, pendingdisposalof thecriminal} petition.

¶15

This Petition^{comingon for hearing, uponperusingthe Memorandum of Grounds of} Criminal Petition^{and upon hearing the arguments of Sri BAGLEKARAKASHKUMAR} ,Advocate^{for the Petitionersandthe Addl.Public Prosecutor on behalfof the Respondent} No.'l and None^{of appearsforthe RespondentNo.2.}

¶16

The Court made^{the following:ORDER}

¶17

THE HONOURABLE SRI JUSTICE K.SURENDER

¶18

CRIMINAL PETITION No.9199 OF 2022

¶19

ORDER:

¶20

This Criminal Petition is filed under Section 482 of the Code ol Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/A2 & A3 to quash the proceedings against them in C.C.No.22O5 of 2O2I pending on the file of II Additional Junior Civil Judge-cum- II Additional Metropolitan Magistrte, Cyberabad at Malkajgiri. The offences alleged against the petitioners/A2 & A3 are under Sections 75 &, 79 of Juvenile Justice (Care and Protection of Children) Act, 20 15.

¶21

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

¶22

The facts of the case are that the 2"a respondent, who is the volunteer in District Child Protection Unit, Medchal District, conducted operation along with others to save child labour in pursuance of Operation Muskan. On credible information, the 2'd respondent along with team deployed for Operation Muskan, conducted search for rescuing the children employed as labourers. On O9.O7.2O21, the rescue team went to Everbest Foods

¶23

Company, Subhash Chandra Nagar, Kushaiguda and found girls working in the Company. On enquiry, four girls disclosed that they are aged 17 years, one girl 16 years and another girt 14 years.

¶24

The Police, having investigated the case, Iiled charge sheet for the offences under Sections 75 and 79 of the Act.

¶25

This Court in Cr1.P.9020 of 2022 quashed the proceedings against Accused No.1 by considering the facts of the case having found that no case was made out against the petitioner/Al, for the alleged offences under Sections 75 & 79 of Juvenile Justice (Care and Protection of Children) Act, 2015

¶26

The petitioners/A2 & A3 in this petition also staad on the same footing. For the reasons stated in Crl.P.No.902O of 2022, the proceedings against these petitioners are also quashed.

¶27

Accordingly, the Criminal Petition is allowed and the proceedings against them in C.C.No.2205 of 2027 pending on the file of II Additional Junior Civil Judge;cum-Il Additional Metropolitan Magistrte, Cyberabad at Malkajgiri filed lor the offences punishable under Sections 75 & 79 of Juvenile Justice (Care and Protection of Children) Act, 20 15, are hereby quashed.

¶28

I I

¶29

¶30

The order passed by this Court in Crl.p.No.9O2 O of 2022, dt.05.01.2023, shall form part of this order.

¶31

Miscellaneous applications pending, if any, shall stand

¶32

closed.

¶33

Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR ,TRUE COPY/i SECTION OFFI CER To, '1 The llAdditional Junior Civil Judge-Cum-ll Additional Metropolitan Magistrate, Cyberabad at Malkajgiri. 2 The Station House Officer, Kushaiguda Police Station, Rachakonda District. 3 Two CC to the Addl.Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] 4 One CC to Sri Baglekar Akash Kumar, Advocate [OPUC] 5 Two CD Copies BJLB/DL \b"

HIGH COURT

OATED:zs10112023

ORDE R

CRLP.No.9199 of 2022

s STATg
,J:f
{
,-) 1[ ttB 2t?]
<br>+ /,,
.,/
.kr{9,

¶39

CRIMINAL PETITION IS ALLOWED