High Court of Judrcature · 2025

...RESPONDENT/COMPLAINANTS Petition under Section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds or criliin'"i'putition, the High court may be preased to ca, for the records ano ouasrr .'re si r.ro. 237 0,f 2o23,on the fire of the Speciat Sessions Judge for T;;i;"; Dir;sat of pOCSo Act Cases, Rangareddy District, at L'B. Nigar, uyoerauao orun.es U/Sec. 354 A of lPC, Sec. 11 rtw 12 of pOCSO A"t, ZOt-i.--" l.A. NO:1O F 2025 "ri"!"0 Petition under Section .52g of .BNSS praying that in the circumstances stated in the Memorandum of Grounds or cri[.,'in'ri'p"tition, the High court may be pleased to stay of a, further o1o"1aing. in'st. r.ro. 237 o,f 2023, on the fire of the speciar sessions Judge for Triri ;;i Jis"posat of pocso Act cases, Ra n gareddv District' ut t:?: inst the Petitio ner/Accused, including the personar appearance of the petitionerTAccused, pending disposar of the above criminal petition. -I:9?',, .T,va"1'. O'OI "ri' This petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri tvoDALr ESWARA Advocate for the petitioner ano Sri E.Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1. 'RASAD, The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2352 of 2025 ORDER: This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'\ to quash the proceedings in S.C No.237 of 2O23 on the file of the Special Sessions Judge for Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar against the petitioner-accused.

2. Heard Mr. Eswara Prasad, learned counsel for the petitioner, Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is the sole accused in S.C No.237 of 2023 for the offences under Sections 354-4. of IPC and Section 11 read r,r,ith 12 of POCSO Act,2012.

4. The brief facts of the case are that on 2B.Ol -2023 at about 2O.OO hours a complaint has been lodged by the victim girl - LW.1, u,hich was recorded by LW.11, where the victim girl had stated that she and her brother have been taken cricket coaching at the accused at Miyapur along with other students. On l6>01.2023 at about 18.30 hours the accused took her up 2 ETV,J C'RL P .\it )):) of2025 - on the C Block of their residence for flying kitcs and after sometime he took her to Sand Park, where the accused committed objectionable acts, accordingly, a crime has been registered by the victim girl. LW. 1 i Sub-lnspcctor examined the complainant and LW. i0 Women Sub Inspector recorded her statement in Part II case diary. Thereafter investigation has been completed and charge sheet has been filed against the accused.

5. Learned counsel for the petitioner would submit that a false case has been foisted against the petitioner as he had refused to extend the loal amount to the father of the victim girl. It is further submitted that the father of the victim girl has attempted to tarnish the reputation of the petitioner, as the petitioner and the victim girl resides in the same residcntial complex. The complaint has been filed after a gap of 12 days after the incident and that lapse itself established that the said complaint has been filed with ulterior motive. It is further submitted that even by a stretch of imagination, it is difficult to believe that the alleged incident occurred at 6:30 pM, as it would be getting dark by that time, it is not possible to fly kites in the dark. Hence, subjecting the petitioner to face the trial. / -) ETL''J CRL P.No 2352 o/ 2025 would amount to abuse of process of law. Therefore, seeks to allow this criminal Petition.

6. Opposing the same learned Assistant Public Prosecutor would submit that the statement of the victim has been recorded by LW.10 Women Sub-lnspector of Police and the said statement is voluntary. The learned Magistrate will decide upon the recorded statement of the victim girl for proceeding further trial and hence r.l,ould submit that indulgence of this Court at the preliminary stage is not warranted, therefore, he seeks to dismiss the criminal petition. 7 . Perused the material available on record'

8. Having heard learned counsel for the petitioner ald learned Assistant Public Prosecutor and having noticed that the name of the victim has been brought on record as respondent, which is impermissible as per the Judgment passed by the Hon'ble Supreme Court of India in the matter of Nipun Saxena dnd another a union oJ India and others. However, learned counsel would submit that the said error has been committed inadvertently. '\ .--' -l- 4 L''I-.J CRL P hi).|-it ol )D; 9. This Court without going into that aspect ald based upon the submissions made by the learned counsel and upon examination of the materials before this Court, is of the opinion that the trial is yet to be commenced and the statement of the victim girl is yet to be recorded by the learned Magistrate. Therefore, at this stage, interference of this Court in the trial proceedings is not warranted.

10. However, as sought by the learned counsel for the petitioner, the appearance of the petitioners accused is dispensed with in S.C.No.237 of 2023 on the file of the Special Sessions Judge for Trial and Disposal of pOCSO Act cases, Ranga Reddy District at L,B.Nagar, when represented by his counsel on record. The appearance of the petitioner_accused is dispensed with subject to filing an afhdavit by the petitioner stating that in his absence, the proc-eedings conducted by his counsel will not be disputed by him in any manner alcl shall not dispute his identity also. However, the petitioner_accused shall appear before the Iearnecl Special Judge as and when his presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing with his _ appearance shall stand cancelled ) L:TY,J CRL P No.2 3 52 of2025 1 1. With the above observation, this petition is disposed of' Miscellaneous petitions, pending if any, shall stand closed To, //TRUE COPY// Sd/. L. VIJAYA LAXMI SI TANT REGISTRAR ECTION OFFICER 1 The soecial Sessions Judge for Trial and Disposal of POCSO Act cases' ffi ;ffi;y "Dffii;i.;i L d Nagar' HYderabad The Station House Officer, Police Station t\/iyapur' RR District' One CC to SRI MODALI ESWARA PRASAD Advocate [OPUC] TwoCCstoPUBLICPROSECUTOR'HighCourtatHyderabadlOUTl

2. a 4 5 Two CD CoPies W TPK HIGH COURT DATED: 2510612025 ORDER CRLP.No.2352 of 2025 ,t": -L \ ''\ t/<o'- r (I c l_1 ) ) g JUL 2025 2 D.r... CRIMINAL PETITION IS DISPOSED OF qA