Telangana High Court
Dhanee Singh Dhanush Singh, vs State Of Telangana, on 3 June, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.10779 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the
petitioner, who is arrayed as sole accused to quash the
proceedings against him in C.C.No.1833 of 2023 on the file of
learned II Additional Junior Civil Judge-cum-IX Additional
Metropolitan Magistrate, Cyberabad, Medchal-Malkajgiri
District, registered for the offence punishable under Section
79 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 (for short 'the Act').
2. The brief facts of the case are that the de-facto
Complainant alleged that on 17.01.2023 at about 14.30
hours, as part of Operation Smile, the team of pet
Basheerabad and division team and child line team with
DCPU team when they were on duty, they received information
that a person by name Dhanush Singh is running Karni
Interiors at Gundlapochampally and there is one minor by
name Sathyam whose age is 17 years and the said minor is
made to work for less salary and is made to work for more
hours. Based on the complaint, the Police Pet Basheerabad
registered a case vide Crime No.72 of 2023.
3. Heard Sri Baglekar Akash Kumar, learned counsel for
the petitioner and Sri S. Ganesh, learned Assistant Public
Prosecutor for respondent No.1- State.
4. Learned counsel for the petitioner submitted that the
petitioner was falsely implicated in the case alleging that
besides engaging the victim minor more than prescribed
working hours, the petitioner paid the less salary to the victim
minor. In this regard, he placed reliance on the judgment of
the High Court of Kerala in A. Nizamuddin Vs. SHO,
Kannur1; Kothakonda Aishwarya Vs. State of Telangana2
and the judgment of the Apex Court in R.P.Kapur Vs. State
of Punjab3 and prayed the Court to allow the Criminal
Petition by quashing the proceedings against the petitioner.
5. On the other hand, the learned Assistant Public
Prosecutor submitted that at this stage it cannot be decided
(2017) SCC online Ker 7324:2017 Cri LJ 4085
(2023) (2) ALD (Crl.) 321 (TS)
(1960) 3 SCR 388
that whether the victim is working more hours than the
prescribed working hours and the petitioner is paying less
salary, as such, it requires trial. Therefore, he prayed to
dismiss the petition.
6. In view of the rival submissions made by both the
learned counsel, this Court has perused the material available
on record and found that alleged offence is under Section
79 of Juvenile Justice (Care and Protection of Children) Act,
2015. The allegation against the petitioner is that inspite of
using service of victim minor child who was aged about
17 years more than the prescribed working hours, he is paying
less salary to the victim. It is pertinent to note that the
averments in the complaint do not reveal that the petitioner
how many hours victim worked and what is the salary paid by
the petitioner. Moreover, the essential ingredient to attract
the offence under Section 79 of the Act is that the minor child
must be kept in bondage for purpose of employment or the
child's earnings should be withheld or such earnings shall be
used by employer for his own purpose, where as the said
allegations are not there in the complaint or in the charge
sheet. Hence, considering the facts and circumstances of the
case, this Court is of the considered opinion that since neither
the victim minor kept in bondage for purpose of employment
nor the petitioner engaged the victim minor without paying
any amount, the offence under Section 79 of the Act does not
attract and the proceedings against the petitioner are liable to
be quashed.
7. Accordingly, the Criminal Petition is allowed and the
proceedings against the petitioner in C.C.No.1833 of 2023 on
the file of learned II Additional Junior Civil Judge-cum-IX
Additional Metropolitan Magistrate, Cyberabad, Medchal-
Malkajgiri District, are hereby quashed.
Miscellaneous applications, if any pending, shall also
stand closed.
______________
K. SUJANA, J
Date: 03.06.2024
dsu
