APHC010140482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3126/2025 Between: Shaik Raheem and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. K L N SWAMY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER:- The learned counsel for the petitioners submits that the petitioners are arraigned as Accused Nos. 1 to 3 in S.C. No. 29 of 2024 for the alleged offences under Sections 354(D), 366, 376 (2) (n), 342, 506, 109 r/w 34 of IPC and Sections 5(I), 5 (i) (ii) r/w 6, and Sections 16 r/w 17 of the Protection of Children from Sexual Offences Act, 2012. 2. The learned counsel for the petitioners submits that the petitioners have filed a complaint in the month of March 2024, alleging that the offences against the petitioners allegedly took place in the month of October 2023. It is submitted that, as on the date of filing of the complaint, the petitioners are majors, and the provisions of POCSO cannot be invoked. It is also submitted that the police have collected the 10th class certificate for determining the age of the petitioners and have, in turn, relied upon the certificate issued by the Headmaster of the school where the victim is said to have studied. It is further submitted that the 1st accused is married to the 2nd respondent. Though the marriage is disputed by the 2nd respondent, no steps have been taken for dissolving the marriage. 3. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the respondents. 4. The learned Assistant Public Prosecutor appearing for the respondents submits that there are prima facie allegations and that the allegations are sought to be considered before the trial Court. 3 5. Considering the same, this Court is not inclined to interfere in the case, and it is left open for the petitioners to take all the grounds raised in the quash petition before the trial Court, which would consider the issue in totality by taking into consideration the available material on record. 6. Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 01.04.2025 PNS