Miss C. Harika v. The State Of Ap

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.1206 OF 2018 ORDER:

Heard learned counsel for the petitioner/A.3, learned Additional Public Prosecutor for respondent No.1-State and perused the record.

This petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.471 of 2017 on the file of Tirupati East police Station, Tirupati for the offences punishable under Sections 498-A, 497, 509 and 324 IPC and Section 3(r)(s) of SC & ST (POA) Act, 2015.

Learned counsel for the petitioner/A.3 would submit that the petitioner/accused is 13 years old girl student and she is studying 8th class in High School at Tirupati.

There is a procedure to examine a male person under 15 years of age or above 65 years or a woman or a mentally or physically disabled person. Those persons shall not be required to attend at any place other than the place in which such person resides. In the instant case, the petitioner/A.3 is 13 years of age. It is alleged that the Station House Officer and his men are visiting her school and house which is causing disturbance to her. Under these circumstances, the police shall not adopt any coercive steps and shall not call the petitioner/A.3 to the police station. If examination of the petitioner is required, without arresting her, examine her in accordance with the procedure laid down under Sections 160 and 161 of the Code of Criminal Procedure, 1973.

With the above direction, this Criminal Petition is disposed of.

The Miscellaneous Petitions, if any, pending shall stand closed.

___________________________ Dr. SHAMEEM AKTHER, J 05th February, 2018.

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