THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings in FIR No.469 of 2025 on the file of Godavrikhani I-Town Police Station, Peddapalli District, registered for the offences under Sections 142 of BNS and Section 41 read with 42 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ‘Juvenile Justice Act’).

2. Heard Mr. Mirza Aijaz Ali Baig, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.

3. The case of the prosecution is that the Protection Officer has lodged a complaint submitting that the petitioner is the Founder President of Manthani Division Handicapped Welfare Society (MDHWS) and that he is running a child care institution at Ghandhi Nagar, Godavarikhani. Due to non-compliance with the instructions and standards, the Commissioner, Women Development & Child Welfare Department, cancelled the registration of the petitioner’s society through memo dated 23.01.2021 and subsequently, the Welfare Officer declared the said society as unregistered and instructed that no children should be housed therein. Accordingly, 13 children were handed over to their families. However, it was later noticed that the petitioner herein has illegally retained 6 children in the premises and they were rescued by the District Child Protection Unit (DCPU), Peddapalli, and produced them before the Child Welfare Committee. The District Inspection Committee headed by the Additional Collector inspected the said home, and during inspection, they found 4 children physically present, whereas the attendance register recorded 7 children.

4. Learned counsel for the petitioner has submitted that the petitioner’s Society is a registered Society, working for the welfare of the orphans and handicapped and that on the earlier occasion, the petitioner submitted an application for registration of the Society under the provisions of Juvenile Justice Act, 2000, but without considering the said application, the authorities are frequently interfering with the activities of the petitioner’s society, then the petitioner submitted a representation dated 19.06.2025 to the District Collector, Peddapally District. But, as no orders are passed on the said representation, he filed WP No.18104 of 2025 before this Court, and this Court disposed of the said writ petition directing respondent No.2 therein i.e. District Collector, Peddapally, to consider the case of the petitioner society under the provisions of Juvenile Justice Act and that in case if the petitioner society is not functioning for the welfare of the orphans and handicapped, the District Collector shall pass a reasoned order in accordance with law and communicate the same to the petitioner society and directed that such exercise should be completed within a period of four weeks from the date of that order. The said orders are passed on 27.06. 2025. He further submitted that subsequent to the order in the said writ petition, the present complaint is filed by the respondent No.2 herein and that the petitioner has not committed any offence as alleged. He, therefore, prayed to quash the proceedings against the petitioner.

5. Learned Additional Public Prosecutor has submitted that the petitioner was arrested on 06.10.2025 and that even if he had made an application, he should have intimated the authorities about the said orders and could have waited for the orders of the Collector, but without any permission, he has proceeded to maintain the Society and therefore, he cannot avoid the process of law and that in case, if the orders of this Court are not complied with, the petitioner has other recourse to law. Therefore, he prayed to dismiss the petition.

6. Perused the record.

7. It is not in dispute that the petitioner is a representative of MDHWS Society and it is not in dispute that the petitioner society is registered under the