Telangana High Court
Mohammad Rabbani vs The State Of Telangana on 23 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.4586 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C) to quash the proceedings against the petitioners/accused Nos.9 and 10 in S.C.No.261 of 2018 on the file of the Special SC/ST Court, Ranga Reddy District at L.B. Nagar registered for the offences punishable under Sections 342, 370, 153(A), (b) read with 120-B of the Indian Penal Code 1860 (for short 'IPC), Section 3 (2) (Va) of the Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Amendment Act, 2015 (for short 'the Act') and Section 42 of the Juvenile Justice Act, 2015 (for short 'the JJ Act').
2. Brief facts of the case are that respondent No.2/de facto complainant lodged a complaint before the Malkajgiri Police Station, Rachakonda Commissionerate, against the petitioners/accused Nos.9 and 10 and other accused stating that he is the District Child Protection Officer. On receipt of credible information from Women Development and Child Welfare Department and as per the instructions of the Child 2 SKS,J Crl.P.No.4586 of 2023 Welfare Committee, he along with the Chair Person and others visited the Peace Orphan Home Society (for short 'the Society') and found that the society was running illegal confinement of children, housing of both boys and girls in the same premises and housing of below six years old children without registration of Child Care Institution under Section 42 of JJ Act. It is further stated that they have found ten boys and seven girls. Out of them one boy and two girls are below six years staying in the said society. The children are not living with their parents or guardians and they seem to be transported from different places. Some children are belonging to Scheduled Caste and Scheduled Tribes. Some children are wearing burkas and boys wearing caps indicating the tradition of Islam.
3. It is further stated that the children were previously enrolled at Shine Model High School, Errakuntaa, Hyderabad. On interaction with the students, it is revealed that the children are relocated from the said school and they were not attending the school for about two months. It is further stated that the children are being made to learn Urdu and Quran forcefully and a few religious books were written in Arabic script. Thereafter, respondent No.2 came to a 3 SKS,J Crl.P.No.4586 of 2023 conclusion that the aforesaid organization without applying for registration as a 'Child Care Institution', the petitioners and others were providing shelter to children for unconscionable gain.
4. Basing on the said complaint the Police registered a case in Crime No.903 of 2017 for the offences punishable under Section 342, 370, 153 (A), (b) read with 120-B of IPC, Section 3(2) (Va) of the Act and Section 42 of the JJ Act and after completion of investigation, they filed charge sheet before the Special SC/ST Court, Ranga Reddy District at L.B. Nagar.
5. Heard Sri Ravi Chandra Bejjaram, learned counsel appearing on behalf of the petitioners as well as Sri S. Ganesh, learned Assistant Public prosecutor appearing on behalf of respondent No.1 State. Though notice served upon respondent No.2, none appeared on his behalf.
6. Learned counsel for the petitioners submitted that the petitioners are no way concerned with the allegations levelled against them. Even if the allegations are taken in their entity, prima facie, they do not constitute any offence. He further submitted that the third party cannot lodge SC/ST case. The provisions of Atrocities Act would attract only when the 4 SKS,J Crl.P.No.4586 of 2023 victims suffer the discrimination. He further submitted that Section 342 of IPC is also not attracted, as the petitioners are no way concerned with the Society. Section 42 of JJ Act is also not attracted, as there is no child in conflict with law. Learned counsel further submitted that the petitioners are arrayed as accused Nos.9 and 10 without their being any basis, which is completely against the law. The statements of L.Ws.1 to 37 have not disclosed the names of the petitioners. Therefore, the allegations levelled against the petitioners are false and baseless, as such, prayed the Court to quash the proceedings against them.
7. On the other hand, learned Assistant Public Prosecutor submitted that the allegations levelled against the petitioners are serious in nature, as they influenced the children for learning Urdu, Quran and Arabic and they are trying to convert their religion. Hence, prayed the Court to dismiss the petition.
8. Having regard to the rival submissions made by both the learned counsel and having gone through the material available on record, to quash the proceedings under Section 482 of Cr.P.C, the Court has to see whether the 5 SKS,J Crl.P.No.4586 of 2023 averments in the complaint primafacie shows that it constitute the offence as alleged by the Police.
9. At this stage, it is pertinent to note the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1, wherein in paragraph No.14 it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
10. As seen from the record, it is to be noted that the petitioners and other accused are running the Society. 1 (2012) 10 Supreme Court Cases 155 6 SKS,J Crl.P.No.4586 of 2023 According to the prosecution, the children are from rural villages under the guise of providing good education and they were brought from their parents and forced them to learn Urdu, Arabic and Quran without the consent of their parents. The statement of the house owner reveals that the petitioners took the home to run the orphanage and they also wanted to provide good education to the children. The statement of the parents of the children would reveal that the society members came and said that they will provide good education to their children in English Medium. Only for the purpose of education the parents sent their children to the society. Later, they came to know that the society was not providing good education. That apart, they are influencing and forcing the children to learned Urdu, Arabic and Quran. Therefore, the allegations against the petitioners are serious in nature, which require trial. However, at this stage, it cannot be said that the petitioners are no way concerned with the allegations levelled against them and the same will be decided after full-fledged trial only. 7
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11. In view of the above discussion as well as the law laid down by the Honourable Supreme Court in State of Madhya Pradesh (Supra), this Court does not find any merit in the criminal petition to quash the proceedings against the petitioners and the same is liable to be dismissed.
12. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
___________ K. SUJANA Date: 23.04.2024 SAI