Accusations against minors must demonstrate direct involvement; absence leads to quashing of proceedings.

ORAL ORDER

The petitioners, alleged children in conflict are at the doors of this Court calling in question the registration of the crime against these petitioners along with others for the offences punishable under Sections 323 , 448, 447, 355, 504, 34 and 506 of the Indian Penal Code , 1860 ('the IPC' for short) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015.

2. Heard Shri K.S. Rakshith, learned counsel appearing for the petitioner; Shri B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1 and Shri R. Shashidhar, learned counsel appearing for respondent No.2.

3. Facts in brief germane are as follows:

The second respondent is the complainant said to be owning a educational institution in the name and style of BITS Educational Society. The petitioners as on the date of the alleged incident are aged 12years 9months and 11years 01month, respectively. The allegation is that accused No.1 along with these petitioners entered the college premises run by the second respondent and disrupted the class room and accused No.1 had allegedly hit aged student with slippers and had further abused the said student and threatened him and had left the college premises. Accused No.1 is the mother of the petitioners and since the petitioners were at relevant point in time aged as aforesaid they were being tried by Juvenile Justice Board on the score that they were children in conflict. Registration of the crime in crime No.121/2023 is what has driven the petitioners to this Court in the subject petition.

4. The learned counsel appearing for the petitioners would vehemently contend that the petitioners are not children in conflict even otherwise there is no allegation against these petitioners except they came and abused along with accused No.1. It is his submission that accused No.1 their mother has suffered certain disabilities due to half of the face completely burnt and turned black. Therefore, the student of the college, which is adjacent to the house of the petitioners used to repeatedly tease and abuse the mother. Therefore, it is the mother, who goes in to the college and threatened the student. Insofar as the present petitioners are concerned, the learned counsel would submit that there is nothing that would pin these petitioners down.

5. Per contra, learned counsel appearing for the complainant - Educational Institution would seek to point at certain offences against these petitioners contending that they are being tried by the Juvenile Justice Board. Therefore, the further proceedings against them should not be interdicted. Hence, seeks dismissal of the petition.

6. I have given my anxious consideration to the submissions made by the respective learned counsel appearing for the parties and have perused the available material on record.

7. The afore-narrated facts are what is narrated in the complaint. Since the entire issue has sprung from the complainant, I deem it appropriate to notice the complaint. It reads as follows:

A perusal at the complaint nowhere indicates any overt act performed by these petitioners or the petitioners indulging in criminal trespass. Much reliance is placed upon the learned counsel for the complainant to certain statement recorded during the investigation and the transcript of the CCTV footage. The transcript of the CCTV footage would clinch the issue. Therefore, the transcript insofar as it concerns the present petitioners is germane to be quoted. It reads as follows:

The afore-quoted transcript is what is against these petitioners. There is no overt act performed by these petitioners for them to be hauled in