ORDER:

This criminal petition is filed by the petitioner/accused under Section 482 Cr.P.C, to quash the proceedings in S.C.No.153 of 2019 on the file of Special Sessions Judge for Trial and Disposal of POCSO Act Cases, at LB Nagar, wherein the petitioner was charged with the offences punishable under Sections 376, 420, 417, 493 IPC and Section 4 of POCSO Act.

2. The facts of the case are that on 01.11.2016, the defacto complainant gave complaint to the police stating that her daughter was suffering from lungs disease from her childhood during winter season. On 27.10.2016 she was suffering from illness and was shifted to OGH Hospital. The doctors conducted tests and informed her that her daughter was five months pregnant. The defacto complainant enquired her daughter about who was responsible for her pregnancy and her daughter informed that from about three years her own brother-in-law by name Chethla Shiva believed her that he will marry her and convinced her for sexual intercourse for several times at her residence. When she got pregnant she asked him to marry her but he postponed the marriage saying he will perform marriage after getting job. She was mentally depressed and became sick, and the doctor who treated her advised to get abortion as the fetus was infected and it is danger to her daughter’s life. On 01.11.2016, her daughter got abortion and at about 10:20 hours, her daughter died due to infection.

3. The police registered a case against the petitioner in Crime No.223 of 2016 for the offences under Sections 376, 420, 417, 493 IPC and 174 Cr.P.C., and after investigation filed charge sheet for the offences under sections 376, 420, 417, 493 IPC and Section 4 of POCSO Act.

4. Heard Sri Kadiri Krishnaiah, learned counsel for the petitioner, and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Though notice was served on the 2nd respondent/defacto complainant, none appeared.

5. Learned counsel for the petitioner contends that the petitioner has not committed any offence, and even if the entire allegations are taken in its entirety, they do not constitute any offence much less the offences alleged against the petitioner. It is further contended that the petitioner was a student of Post Graduation at the time of death of deceased and the deceased was the relative of petitioner. As alleged in the complaint, the petitioner never met her physically as he knows that she was a minor girl, and the parents of both sides decided by word of mouth to do their marriage after completion of his education, and he came to know that on 01.11.2016 she was five months pregnant and also abortion was done by doctors in emergency condition in Osmania General Hospital, and she was affected with foetus infection and lungs infection and died with “Bilateral Broncho Pneumonia” and she was suffering with lungs disease since her childhood whereas the Police arrested the petitioner and sent to judicial custody. The petitioner was never involved in any sexual intercourse with the deceased or never met her physically. According to the medical officer, the death was due to “Bilateral Broncho-Pneumonia” and the post-mortem report also confirmed the same. The allegations against the petitioner are vague and the forensic lab report reveals that the petitioner is not the biological father of the source of item No.1 which was proved by Autosdomal STR Analysis, after completion of DNA test by collecting the blood sample from the petitioner, and therefore the petitioner is neither responsible for the death of the deceased nor pregnancy of the deceased, and she died with “Bilateral Broncho-Pneumonia which occurred due to lungs infection. She got pregnant from unknown and she had not revealed the same but the complainant fabricated and alleged against the petitioner with malafide intention to escape from social stigma.

6. Learned counsel for the petitioner would further submit that the allegations against the petitioner are for the offenc