Telangana High Court
Sri. Krovi Kiran Kumar, vs The State Of Telangana,Telangana on 25 June, 2025
1
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL PETITION No.2352 of 2025
ORDER:
This petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') to
quash the proceedings in S.C No.237 of 2023 on the file of the
Special Sessions Judge for Trial and Disposal of POCSO Act
Cases, Ranga Reddy District at L.B.Nagar against the
petitioner-accused.
2. Heard Mr.Eswara Prasad, learned counsel for the
petitioner, Mr.E.Ganesh, learned Assistant Public Prosecutor
appearing for the respondent No.1-State.
3. The petitioner is the sole accused in S.C No.237 of 2023
for the offences under Sections 354-A of IPC and Section 11
read with 12 of POCSO Act, 2012.
4. The brief facts of the case are that on 28.01.2023 at about
20.00 hours a complaint has been lodged by the victim girl -
LW.1, which was recorded by LW.11, where the victim girl had
stated that she and her brother have been taken cricket
coaching at the accused at Miyapur along with other students.
On 16.01.2023 at about 18.30 hours the accused took her up
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on the C-Block of their residence for flying kites and after
sometime he took her to Sand Park, where the accused
committed objectionable acts, accordingly, a crime has been
registered by the victim girl. LW.11 Sub-Inspector examined
the complainant and LW.10 Women Sub-Inspector recorded her
statement in Part-II case diary. Thereafter investigation has
been completed and charge sheet has been filed against the
accused.
5. Learned counsel for the petitioner would submit that a
false case has been foisted against the petitioner as he had
refused to extend the loan amount to the father of the victim
girl. It is further submitted that the father of the victim girl has
attempted to tarnish the reputation of the petitioner, as the
petitioner and the victim girl resides in the same residential
complex. The complaint has been filed after a gap of 12 days
after the incident and that lapse itself established that the said
complaint has been filed with ulterior motive. It is further
submitted that even by a stretch of imagination, it is difficult to
believe that the alleged incident occurred at 6:30 PM, as it
would be getting dark by that time, it is not possible to fly kites
in the dark. Hence, subjecting the petitioner to face the trial
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would amount to abuse of process of law. Therefore, seeks to
allow this criminal petition.
6. Opposing the same learned Assistant Public Prosecutor
would submit that the statement of the victim has been
recorded by LW.10-Women Sub-Inspector of Police and the said
statement is voluntary. The learned Magistrate will decide
upon the recorded statement of the victim girl for proceeding
further trial and hence would submit that indulgence of this
Court at the preliminary stage is not warranted, therefore, he
seeks to dismiss the criminal petition.
7. Perused the material available on record.
8. Having heard learned counsel for the petitioner and
learned Assistant Public Prosecutor and having noticed that the
name of the victim has been brought on record as respondent,
which is impermissible as per the Judgment passed by the
Hon'ble Supreme Court of India in the matter of Nipun Saxena
and another v Union of India and others. However, learned
counsel would submit that the said error has been committed
inadvertently.
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9. This Court without going into that aspect and based upon
the submissions made by the learned counsel and upon
examination of the materials before this Court, is of the opinion
that the trial is yet to be commenced and the statement of the
victim girl is yet to be recorded by the learned Magistrate.
Therefore, at this stage, interference of this Court in the trial
proceedings is not warranted.
10. However, as sought by the learned counsel for the
petitioner, the appearance of the petitioners-accused is
dispensed with in S.C.No.237 of 2023 on the file of the Special
Sessions Judge for Trial and Disposal of POCSO Act cases,
Ranga Reddy District at L,B.Nagar, when represented by his
counsel on record. The appearance of the petitioner-accused is
dispensed with subject to filing an affidavit by the petitioner
stating that in his absence, the proceedings conducted by his
counsel will not be disputed by him in any manner and shall
not dispute his identity also. However, the petitioner-accused
shall appear before the learned Special Judge as and when his
presence is required. In the event of failure of the petitioner to
appear when the Court directs, this order dispensing with his
appearance shall stand cancelled.
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11. With the above observation, this petition is disposed of.
Miscellaneous petitions, pending if any, shall stand
closed.
____________________________
JUSTICE E.V. VENUGOPAL
Date: 25.06.2025
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