The court ruled that an FIR can only be quashed if it does not disclose a prima facie case; allegations must be investigated unless manifestly false.

ORDER :

(V.R.K. Krupa Sagar, J.)

This Criminal Petition, under Section 528 of B.N.S.S., is filed by the petitioner/accused No.2 seeking to quash Crime No.58 of 2024 of Yerravaripalem Police Station, Tirupati District, registered for the offences punishable under Sections 352, 351(2), 196(1), 61(2), 353(1) and 72(2) read with 3(5) of BNS and Section 67A of the Information Technology Act, 2000 and Section 23(1) of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(z)(zc) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Respondent No.1 is the State. Respondent No.2 is the de facto complainant.

3. Sri P.Veera Reddy, the learned Senior Counsel being assisted by Sri Srinivasula Reddy Kommasani, the learned counsel for petitioner submitted arguments. Sri M.Lakshmi Narayana, the learned Public Prosecutor for respondent No.1-State submitted oral arguments and filed written arguments. Sri Anand Kumar Kochiri, the learned counsel for respondent No.2 submitted arguments.

4. To appreciate facts and circumstances out of which Crime No.58 of 2024 has arisen a certain mention about F.I.R.No.54 of 2024 is required.

5. A statement made by a girl aged 15 years studying 10th Class was reduced into writing at 12:30 P.M. on 05.11.2024. Upon that F.I.R.No.54 of 2024 was registered at Yerravaripalem Police Station, Tirupati District for the offences punishable under Sections 115(2), 118(1), 123, 96, 74, 78, 351(2) and 79 of BNS and Section 11 read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’). The substance of the allegation was that while the girl was coming from school to her home at about 4:00 P.M. on 04.11.2024 two males wearing masks forcibly took her away into bushes and forcibly attempted to make her to consume certain powder mixed liquid and with a folding knife caused injuries on her body and one of them held her tight and another one tied a tali around her neck and kicked her in her stomach. At about 6:30 P.M. the parents of the victim girl, during their search for her, found her and enquired with her and took her to Government Hospital in Yellamanda Village. Thereafter the victim girl was shifted to Government Hospital, Tirupati.

6. In the above-referred incident that occurred on 04.11.2024 the alleged incident took place at 4:00 P.M. and she was rescued by her parents at 6:30 P.M. and was soon thereafter shifted to hospital. Recording of her statement took place at 12:30 P.M. on 05.11.2024 and F.I.R.No.54 of 2024 was registered at 14 hours/2 P.M. on 05.11.2024.

7. After the girl was admitted into hospital and before her statement was recorded and was registered as F.I.R., certain events took place which gave rise to registration of F.I.R.No.58 of 2024 with which we are now concerned with.

8. The father of the victim girl is the de facto complainant in F.I.R.No.58 of 2024. As per the contents of this written information of the de facto complainant, the alleged crime incident in F.I.R.No.58 of 2024 took place while the victim girl and her parents were in hospital on 04.11.2024. Since in the present case the petitioner seeks to quash this case against him there is a need to extract the F.I.R. The written information is printed in Telugu language. It bears the date 23.11.2024. It was registered as F.I.R.No.58 of 2024 at 7:00 P.M. English translation of this F.I.R. is filed with the bail petition and the same reads as below:

“To

The SHO.

Yerravaripalem Police Station.

Tirupati District.

Sub: Complaint against YSRCP political party, their daily newspaper and social media accounts, for damaging our family honor and future of our daughter by spreading false propaganda that our minor daughter was raped on 04-11-2024.

Sir,

My name is Gollapalli Ramana @ Ramanaiah, age 48 years. S/o.late G. Mallaiah, R/o.Kothamadigapalli (v). Yelamanda Panchayat, Yerravaripalem Mandal, Tirupati District, Ph.9550770146. I am cultivation and eking out my liveli