The High Court · 2025

The State of Telangana, Through SHO, P. S. Lingapur, Komurambheem Asifabad District, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS., praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings in S. C (POCSO) No. 29 of 2024 on the file of the Hon'ble Principal District and Sessions Judge, Asifabad. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS., praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim stay of all further proceedings including appearance of the Petitioner/Accused in S. C (POCSO) No. 29 of 2024 on the file of the Hon'ble Principal District and Sessions Judge, Asifabad. This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S SURENDER REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13214 of 2025 ORDER: This Criminal Petition is filed by the petitiorrer-accused seeking to quash the proceedings in SC (POCS}O) No.29 of 2024 on the file of the Principal District and Sessions Judge, Asifabad, for the offences under Sections 6a(2)(rn), 65(1) of BNS and Section 6 of the Prevention of the Protection of Chrldren from Sexual Offences Acl, 2012 (for short 'POCSO Act )

2. Heard Sri S. Surender Reddy, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learnel Additional Public Prosecutor for the respondenfState

3. Learned counsel for the petitioner has submitted that the complaint is filed with a delay of one year and tle reason for the delay is not explained by the complainant and that the age of the accused as on the date of offence is less than 1B years and he is a minor and that the provisions under tl.re Juvenile Justice Act has to be invoked against the accusr:d, but the prosecution has made an error in filing the case for tire offences under BNS and that the petitioner cannot be prosec;uted as an ) ETO,J Crl.P. No.13211o12025 - adult. He further submitted that while calculating the age of the victim, the prosecution has taken the date of offence i.e October, 2023, but while calculating the age of the petitioner- accused, they have calculated his age as on the date of lodging the FIR i.e. November,2024 and considered him as an adult, as he has crossed 1B years. The date of offence is October, 2023, and in October,2023, the age of the petitioner-accused was 17 years 6 months only. But, while calculating the age of the victim, the same analogy was not applied by the prosecution as was applied while calculating the age of the petitioner-accused Hence, calculating the age of the petitioner-accused as on the date of lodging the FlR, is not justified. He further submitted that the petitioner is facing false allegations and the said discrepancy itself discloses that the petitioner is falsely implicated in the case and hence, prayed to quash the proceedings

4. Learned Additional Public Prosecutor has submitted that the said offence continued till October 2023, and hence, the age of the petitioner-accused has been taken as on the date of lodging the FIR and that if the age of the victim is taken and calculated as in October, 2024 even then she is a minor while EfD'J Crl.P. Na.13211o12025 the petitioner-accused is a major, therefore, there s no mistake committed by the prosecution and hence, prayed tc dismiss the petition.

5. Perused the record

6. The date of birth certificate of the petitioner, as filed by him, points out that he was born on 08.04.2006 Thus, if the age of the petitioner-accused is taken as on the date of offence, he is a minor i.e. 17 years six months old. But, the recitals of the charge sheet shows that the offence continued till October, 2024 and the FIR is registered in November, 20114 vide FIR No.4B of 2024 dated 06.11.2024. Thus, the prcsecution has calculated the age of the petitioner-accused as in October, 2024 as it was a continued offence till October, 2024 and therefore, the age of the accused is taken as 18 years.

7. The victim is a minor if her age is calculated as per the date of the offence or as per the date of the cc,ntplaint. The date of birth of the victim is disclosed from the record as

22.06.2008. Therefore, even if it is taken as otr the date of complaint i.e. October, 2024, she is less than 1B years Therefore, the victim is a minor, but the petitioner-accused is I t 4 ETO,J crt.P No.132110t ?025 r not a minor. The contention of the learned counsel for the petitioner in this regard is not tenable. However, the other contention of the learned counsel for the petitioner is that the petitioner is facing false allegations. The alleged offences are heinous in nature and the case is pending for trial vrde SC No.29 of 2024 on the file of the principal District and Sessions Judge, Asifabad. Hence, in the facts and circumstances of the case, it rs not a fit case to quash the proceedings against the petitioner at this stage. However, it is deemed appropriate to dispense with the attendance of the petitioner before the trial B. Accordingly, the Criminal petition is disposed of dispensing with the attendance of the petitioner before the trial court provided, he is represented by a counsel before the trial court on every date of hearing and he shall be present before the trial court as and when his presence is required. Miscellaneous Petitions, if any pending, shall stand closed. //TRUE COPY// SD/- A. PRATHIMA DEPUTY REGISTRAR G SECTION OFFICER To, 1 The Principal District & Sessions Judge, Asifabad. 2 The S.H O., P S. Lingaur, Asifabad District 3. One CC to SRl. S SURENDER REDDY Advocate IOPUC] 4. On6 CC to THE PUBLIC PROSECUTOR, High Court for the State of Telangana. HYderabad. [OUT]

5. Two CD CoPies Ir HIGH COURT DATED;27110t2025 I ORDER CRLP.No.13214 of 2025 ,rz'{t;:i'^;t;n a' I E ttrt/ 2925 \ Dp ipAt CH EC DISPOSIN(; OF THE Ct{LP