Enja Esther v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4531 oF 2020 Between:

1. Elja Esther, Wo. Yeddannapudi Prakash Raj, Aged 36 Years, 0cc- founder of New Life Child Home, R/o H.No. 11-160/206, BJR Nagar, New Mirzalguda, Malkajgirl, Hyderabad.

2. Enla Mary, Wo. Tanguturi Ravikanth, Aged 40 Years,Occ- Housewife, R/o H.No. 11160/206, BJR Nagar, New Mirzalguda, Malkajgirt, Hyderabad.

3. Yeddanapudi Prakash Raj, S/o. Nageshwai Rao, Aged 36 Years, Occ- private employee,. R/o H.No. 11-1601206, BJR Nagar, N-ew Mirzalguda, tvtalkajgirt, Hyderabad.

4. Samuel John, S/o. Daniel Aged 53 Years, 0cc- Private employee R/o H_No. 11160/206' BJR Nagar' New Mirzarsuda' Markaisirl+i+f5lilR3;o""r.EDS No.1 to 4 AND '1. The_Stale of Telangana, Through lqwahar Nagar Police Station, Rachakonda, Rep by Public Prosecutor, High Court Of Hyderabad

2. K.Rakesh, District child Protection officer, MedcM Si.SlibJft,flpS3fuplAtNANrs Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in the CC.NO. 56512020 Pending Before The XXI Metropolitan Magistrate Court, at Medchal and pass. l.A. NO: 2OF 2020 Petition under Section zE2 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings against the accused petitioner in Connection CC.NO. 56512020 Pending Before The XXI Metropolitan Magistrate Court, at Medchal pending disposal of criminal petition in the interest of justice or to pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rachakonda Ramakrishna, Advocate for the Petitioners and of Sri M. Vivekananda Reddy, learned Asst. Public Prosecutor on behalf of the Respondent No.1 and none appears for Respondent No.2.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4531 OF 2O2O ORDER:

This Criminal Petition is filed under Secti on 4g2 of Cr.P.C., by the petitioners/accused Nos.1 to 4, to quash the proceedings in C.C.No.565 of 2O2O on the file of the XXI Metropolitan Magistrate, Medchal, for the offence punishable under Section 42 of the Juvenile Justice Act.

2. Heard learned counsel for the petitioners and Sri M.Vivekananda Reddy, learned Assistant public Prosecutor for the respondent No.l - State. perused the record.

3.

The petitioners were charge-sheeted on the allegation that they were running a child care centre in the name and style of New Life Children Home at H.No.Z-S9/76, Thirumala Enclave, Ayyappa Colony, Dammaiguda, unauthorizedly, without having permission from the authorities concerned. On the basis of the information provided, the Child Welfare Officer (LW. 1), took the assistance of the police, and a raid was conducted. There were 18 female children and 1g male \\

lchildren in the shelter, who were shifted to the Children Welfare Committee.

4.

The only ground raised by the learned counsel for the petitioners is that they have the registration certificate to run the child care centre. l,earned counsel for the petitioners has provided a Registration Certificate, however, the said certificate dated 06.02.2O19 does not bear the signature, seal, narne, or designation of the issued Authority. Learned counsel further submits that they have documentation to prove that they had permission from the concerned authorities and a certificate was also given.

5. The petitioners are at liberty to file a discharge application before the trial Court. The trial Court Judge shall consider the genuineness or otherwise of the certificate produced by the petitioners and then proceed with the examination of witnesses.

Accordingly, the Criminal petition is disposed off After the conclusion of the discharge proceedings and after the stage of framing of charge, if warranted, the attendance of the

J petitioners shall be dispensed with by the trial Court, subject to the conditions to be imposed.

Miscellaneous applications pending, if any, shall stand clo sed.

SD/. MOHD.ISMAIL DEPUTY REGISTRAR \tr //TRUE COPY// i ,i i S}CTION OFFICER To The XXI Metropolitan Magistrate Court, at Medchal . The Station House Officer, Jawaharnagar police Station, Rachakonda . One CC to Sri Rachakonda Ramakrishna Advocate [OPUC] . Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies BJLB/psl i

l HIGH COURT DATED:07/03/2025

ORDER

?..., -..1.-* ii. sIa CRLP.No.4S31 oi 2O2O /,,.-\ 10 JUl ?0i5 CRIMINAL PETITION IS DISPOSED OF T J --\-o.., o J ;-!,( 1.a]\ | ai .ll_.!

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