O R D E R

This Criminal Petition is filed by the petitioner-JCL seeking to quash the proceedings against him in C.C.No.944 of 2024 on the file of the learned VIII Additional Judicial Magistrate of First Class-cum-Juvenile Justice Board at Medhcal-Malkajgiri District at Athevelly, Medchal, registered for the offences under Sections 420, 188 of the Indian Penal Code and Section 3 read with Section 8 of the Telangana Public Examinations (Prevention of Malpractices and Unfair Means) Act, 1997 (for short ‘the Act’).

02. Brief facts of the case are that the respondent No.2 lodged a complaint against the petitioner alleging that on 04.06.2023 while attending the IIT JEE Advance Examination at ION Digital Zone-2, Moula-Ali, Malkajgiri, the petitioner was found in possession of mobile phone, which is against the examination rules.

03. Heard Sri Bhoopathi Ranjith Kumar, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State and perused the record.

04. Learned counsel for the petitioner submitted that the petitioner is nothing to do with the alleged offences. As the petitioner was getting late for entering the exam hall and due to exam pressure, he forgot to deposit the same at the entrance. Petitioner had switched off the mobile phone and kept in his pocket. During the formal check, the examination centre in- charge had checked the hall ticket and also checked his pocket, the mobile phone was found in possession of the petitioner but as the same was in switched off mode and the authorities have not objected and permitted the petitioner to enter the examination hall. Thereafter, in the examination hall, the petitioner was caught in possession of switched off mobile phone. There is no act of malpractice on the part of the petitioner. The petitioner is a student aged about 18 years, if he is prosecuted, he may lose his bright career. Therefore, he prayed to quash the criminal proceedings against the petitioner.

05. Learned counsel for the petitioner further submitted that in a similar matter, this Court vide Order dated 31.08.2023 passed in CRL.P.No.5259 of 2023 quashed the criminal proceedings against the petitioners therein, and he sought for a similar relief as the present petitioner also standing on the same footing as that of the petitioners in CRL.P.No.5259 of 2023.

06. On the other hand, the learned Additional Public Prosecutor for the State submitted that it is not a fit case to quash the proceedings against the petitioner at this juncture, as the petitioner was found with mobile phones in the examination hall and that there are specific allegations against the petitioner.

Hence, he prayed to dismiss this petition.

07. Having regard to the submissions made by the learned counsel for either side and on perusal of the record, the offences alleged against the petitioner are under Sections 420 and 188 of IPC and Section 3 read with Section 8 of the Act. There is no dishonest intention on the part of the petitioner-JCL. Therefore, the allegations levelled against the petitioner do not attract the required ingredients of Sections 420 and 188 of IPC.

08. Furthermore, the contents of the complaint or charge sheet do not disclose that the petitioner was copying with the said mobile phone. The only allegation levelled against the petitioner is that he was in possession of switched off mobile phone in the examination hall. It is the contention of the petitioner that as he was getting late for entering the examination hall, he could not deposit the mobile phone at the entrance. Thus, simply possessing the electronic device does not constitute an act of cheating, or use of unfair means in examination.

09. In view of the facts and circumstances of the case, including the submissions made by the learned counsel for the petitioner and taking into consideration the tender age of the petitioner and his bright future, this Court is of the considered opinion that the continuation of the proceedin