Telangana High Court
Narsapuram Deekshita Minor vs Annaboina Naveena on 16 September, 2021
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.5762 of 2021
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused, seeking to quash the proceedings against her in Crime No.693 of 2021 of Medchal Police Station, Cyberabad Commissionerate, registered for "GIRL BURNS".
2. Heard the learned counsel for the petitioner/accused, learned Assistant Public Prosecutor appearing for respondent No.2-State and perused the record. Vide order, dated 27.07.2021, this Court ordered notice to respondent No.1/de-facto complainant. Counsel for petitioner/accused filed Memo in USR No.42912/2021 stating that notice was sent to the correct address of respondent No.1/de-facto complainant, but not returned yet. Further, there is no appearance on behalf of respondent No.1/de-facto complainant.
3. Learned counsel for the petitioner/accused would submit that the petitioner is a juvenile, i.e., sixteen years old, as on the date of the alleged offence. The petitioner/accused has nothing to do with the alleged offence. She is falsely implicated in the subject crime. There is no information to register FIR against her and proceed with and ultimately prayed to allow the Criminal Petition as prayed for.
4. On the other hand, the learned Assistant Public Prosecutor contended that there is sufficient material to proceed with investigation of the case and ultimately prayed to dismiss the Criminal Petition.
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5. As seen from the material placed on record, there is statement of the victim recorded under Section 161 of Cr.P.C. which reveals some utterances have been made by the petitioner/accused against the victim, i.e., " . ". It is also stated therein that nobody is responsible for suicide. Dying Declaration was also recorded, wherein, there is no specific mention of the name of the petitioner/accused. Moreover, as per the submissions made, the petitioner/accused is 16 years old. The case is required to be investigated into, so as to find out whether anybody abeted the victim to commit suicide, in terms of Section 306 of IPC. There is lot of protection of juveniles under Juvenile Justice (Care and Protection of Children) Act, 2015. However, in view of the nature of allegations, age of the petitioner/accused and as the petitioner/student is a student, the police concerned shall not take coercive steps against the petitioner/accused, the investigation can go on.
6. With the above observations/direction, this Criminal Petition is disposed of.
Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
____________________ Dr. SHAMEEM AKTHER, J 16th September, 2021 Bvv