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2025 DAILYLAW 16712 (AP)

Gooty Rajesh, v. State of Andhra Pradesh

CRLP/3645/2024 · 2025-03-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010223002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3645/2024 Between: Gooty Rajesh, ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 2. The petitioner is seeking the quashing of S.C. (POCSO) No. 44 of 2021, on the file of the I Additional District and Sessions Judge-cum-Special Judge for the Trial of POCSO Act, Anantapur. 3. During the pendency of the present petition, S.C. (POCSO) No. 44 of 2021 has been transferred to the Special Court for the Trial of Cases under 2 the POCSO Act, 2012, Anantapur. The petitioner is arraigned as Accused No. 1 for the alleged offences under Sections 302, 201, 376, 109, 404 r/w 34 IPC, Section 3 & 5 r/w 6 & 16 of the POCSO Act, 2012, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. 4. The learned counsel for the petitioner submits that the petitioner is only challenging the quashing of the POCSO provisions under Sections 5 & 6 of the POCSO Act. It is submitted that the deceased was aged about 18 years on the date of the alleged incident. It is also submitted that some of the listed witnesses are classmates of the victim and that they were studying a degree, as per the charge sheet. 5. Considering their submissions, this Court is not inclined to interfere in the case at this stage, and the grounds taken by the petitioner may be raised before the concerned Court during the course of the trial. 6. Accordingly, this Criminal Petition is closed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 20.03.2025 PNS