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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.8467 of 2023

Date: 29.12.2025

Between:

Dinesh Chand Gupta and another

...Petitioners

AND

The State of Telangana,

Rep. by the Public Prosecutor,

High Court at Hyderabad and another.

...Respondents

Order

This Criminal Petition is filed seeking to quash the

proceedings in SC.POCSO No.57 of 2021 on the file of the Special

Court for the Trial of the Protection of Children from Sexual Offences

(POCSO) Act Case-cum-XII Additional Metropolitan Sessions Judge

at Hyderabad, wherein the petitioners were arrayed as accused Nos.1

and 2, for the offences punishable under Sections 354(A) and (c) and

506 r/w 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and

Sections 11 r/w 12 of the Protection of Children From Sexual

Offences Act, 2012 (for short ‘POCSO Act’).

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2. Heard Mr.P.Animi Reddy, learned counsel representing

Mr.Abdul Nissar, learned counsel for the petitioners and

Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor for

respondent No.1-State.

3. Learned Assistant Public Prosecutor submitted that pursuant to

the order dated 27.01.2025, the SHO, P.S. Shahinayathgunj, served

notice to the victim/respondent No.2. The victim received the notice

on 18.06.2025, and proof of service was filed before this Court.

Despite service of notice, respondent No.2 has not chosen to enter

appearance.

4. Learned counsel for the petitioners submitted that the

petitioners have not committed the alleged offences and have been

falsely implicated in the present case. He further submitted that as on

the date of the alleged offence, the victim was a major and to

substantiate the said fact the petitioners have filed a birth certificate

issued by the GHMC dated 25.07.2020. According to the said birth

certificate, the victim was born on 03.04.2002 and therefore she was a

major. Hence, the ingredients of Sections 354(A)(c) and 506 r/w

Section 34 of the IPC are not attracted against the petitioners.

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Therefore, continuation of the proceedings against the petitioners is a

clear abuse of process of law.

5. Per contra, learned Assistant Public Prosecutor submitted that

as on the date of the alleged offence, the victim was a minor, and the

prosecution filed the final report enclosing the bonafide certificate

issued by the concerned school dated 24.05.2004. Whether the victim

is a major or minor, and whether the bonafide certificate produced by

the prosecution or the birth certificate relied upon by the petitioners is

genuine or not are disputed questions of fact and the same have to be

adjudicated by the trial Court after a full-fledged trial. On the basis of

the said documents, the petitioners are not entitled to seek quashing of

proceedings under Sections 11 r/w 12 of the POCSO Act. Insofar as

the other offences are concerned, there are specific allegations against

the petitioners in the final report. Hence, they are not entitled to seek

quashment of the proceedings.

6. Having considered the rival submissions made by the

respective parties and after perusal of the material available on record,

it reveals that the Investigating Officer, after recording the statements

of LWs.1 to 9 under Section 161 of the Cr.P.C., filed the final report.

Upon perusal of the statements of the witnesses and the final report it

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reveals that there are specific allegations levelled against the

petitioners, and the witnesses have stated the role of the petitioners.

Whether the petitioners have committed the offences or not has to be

revealed during the course of trial and the same cannot be adjudicated

at this stage.

7. Insofar as the contention raised by the learned counsel for the

petitioners that the victim was a major as on the date of the alleged

offence, relying upon the birth certificate issued by the GHMC,

whereas, the prosecution relies upon the bonafide certificate issued by

the concerned school to contend that the victim was a minor. Whether

the documents produced