Mohammad Rabbani vs The State Of Telangana
2024 Latest Caselaw 1639 Tel

Citation : 2024 Latest Caselaw 1639 Tel
Judgement Date : 23 April, 2024

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

SKS,J

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

SKS,J

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

SKS,J

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

SKS,J

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.

(2012) 10 Supreme Court Cases 155

SKS,J

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