High Court · 2025

The State of Telangana, Represented by Public Prosecutor, High Court of Telangana at Hyderabad. Sri. Dasharatha, S/o Late Papaiah, Aged about 49 years, Occ NGOs Employee, Rio H. No.6-4-369/4/8, Secunderbad, Ranga Reddy District. ...Respondent ... Respondents/Com plaina nt Petition under Section 528 of BNSS praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash proceedings against the petitioner/Accused in C.C.No. 9 of 2025, on the file of XVll Addl. Judicial fVlagistrate, Cyberabad for the offence U/s 79 of Juvenile Justice (Care and Protection of Children) Act-20'1 5. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the lrlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings against the petitioners herein in C.C. No 9 of 2025, on the file of XVll Addl. Judicial Magistrate, Cyberabad for the offence U/s 79 of Juvenile Justice ( Care and Protection of Children) Ac12015. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of lVlr.C Viswanath, Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.'l and of None appeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRIJUSTICE N. TUKARAMJI CRIMINAL PETITIO N No.3663 ot2025 ORDER: Heard lt/r. C.Vishwanath, learned. counsel for petitioner/accused Nos.1 and 4 and Mr.Jithendet Rao Veeramalla, earned Additional Public Prosecutor appearing for the respondent No.1 -State.

2. This criminal petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) s;eeking quashment of Proceedings in C.C.No.9 of 2025 on the fik,r of the XVll Additional Judicial Magistrate of First Class, Cytrerabad against the petitio neriaccused.

3. The petitroner is accused for the offence for the rffence under Sectionr 79 of the Juvenile Justice (Care and Prote':tion of Children) Act, 2015 (for short, 'JJ Act') against the petition erlaccu sed.

4. The prosecution case in brief is that on 07-01 -2(125 lhe community social worker/complainant lodged police reporl stating that as part of operation SMILE the complainant along wilh other team members/social workers surprised lmkurak Animal Health .Privated Limited where they found one minor girl aged alrout 14 2 NTR,J CRLP 1663 2025 years and their enquires revealed that she has been employed there for the last two months

5. On such report, the police registered Crime No.15 of 2025 for the offence under Section 79 of the JJ Act and after due investigation laid charge sheet

6. Learned counsel for the petitioner would submit that the petitioner is innocent and even otherwise the averments of the complaint, statements of witnesses and the charge sheet, even admitted is not making out any offence under Section 79 of the JJ Act. He further pleads that a coordinate bench of this Court have considered similar allegations against different petitioners and held that until material ingredients under Section 79 of the JJ Act are satisfied prima facie proceeding with the prosecution against the accused would be abuse of process. Thus prayed for intervention.

7. Learned Additional Public Prosecutor submits that the employed girl is 14 years minor, however fairly admits that as per the charge sheet the age of the girl is only shown as core allegation against the petitioner.

8. I have perused the materials on record. \ \ J NI R,J rtt .P 1661 2025

9. Section -29 of the JJ Act reads as under: "Secfion 79 in The Juvenile Justice (Care and Protection of Children.t Act,2015 -

79. Exploitation of a child employee. - Notwithstanding anything contained in any law for the timer being in force whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or Ltses such earning fr:r his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees. Explanation. - For the purposes of this section, the "employment" shall also include selling goods and servi:es, and entertainment in public places for economic gain."

10. Thus, to attract complicity under this provisron mirror child must be kept irr bondage for the purpose of employment or the child earninqs should be withheld or such earnings shall be used l \ by the employer for own purpose. 11 . A reading of entire material is demonstrating that except the allegation that the minor child was employed neither the { ( aspect of keeping the minor child in bondage or withholding her earnings or using of minor girl's earnings by the accuse<i is not even pleaded. ln similar circumstances a coordinate bench of 4 NTR,J CRLP 3663 2025 this Court in Crl.P.No.10779 of 2023 has held that until the facts and circumstances of the case prima facie satisfy the requirements of the under Section 7g of the JJ Act, the proceedings are liable to be quashed.

12. Having considered the legal and factual position, this Court is of the considered opinion that as the record is falling short to make out a case against the petitioner under Section 79 of the JJ Act, continuance of proceedings would be abuse of process of the Court.

13. Resultantly, the criminal petition is allowed. The proceedings in C C.No 9 of 2O2S on the file of the XVll Additional Judicial Magistrate of First Class, Cyberabad against the petitioner/accused are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed. \ To, //TRUE COPY// SD/.N.SRIHARI D PUTY REGISTRAR SECTION OFFICER

1. The JCJ-Cum XVll Additional Judicial tr/lagistrate of First class at Metropolitan Magistrate Cyberabad at Nilaheshwaram

2.The"StationHouseOfficer,lVlaheshwaramPoliceStation,Rachakonda District.

3. Two CCs to the Public Prosecutor, State of Telangana, High Court Buildings' at Hyderabad (OUT)

4. One CC to Sri. C Viswanath, Advocate [OPUC] 5. Two CD Copies DL '.rExxix: -.---:;;d HIGH COURT DATED:1710312025 ORDER CRLP.No.3663 of 2025 ( t (J a \ Flc Srrt14 44. h 1z ltri 2q5 { I qr c+.f_o ALLOWING THE CRIMINAL PETITION \{