APHC010641122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12342/2025 Between: 1. BANDARU DHARMATEJA, S/O BANDARU LAKSHMAIAH REP. BY LEGAL GUARDIANBANDARU LAKHMAIAH, S/O VENKATESWARLU AGED ABOUT 36 YEARS, OCC BUSINESS R/O 15-1-392, NEHURU NAGAR, MACHERLA PALNADU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH. 2. VIJAYAKUMARI ORSU, W/O RAJUAGED ABOUT 29 YEARS, OCC HOME MAKER R/O 1 LINE, NEHURU NAGAR, MACHERLA PALNADU DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the records Crime No.103 of 2025, on the file of the Macherla Town Police Station, Palnadu District and quash the same against the Petitioner and pass Counsel for the Petitioner/accused: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This Criminal Petition under Section 528 of BNSS, 2023, has been filed, by the Petitionerfor the following relief: “ ... to call for the records Crime No.103 of 2025, on the file of the Macherla Town Police Station, Palnadu District and quash the same against the Petitioner and pass...” 2. Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the petitioner is arrayed as A4 in the subject crime, which is registered for offences under Sections 318(4) and 351(2) read with 3(5) of BNS, 2023. Further, at the time of the registration of crime, petitioner is a minor and he is unaware of the context of the circumstances, he acted innocently and mechanically under the directions of his father, A1. Learned counsel would further submit that registration of a crime against a minor, who is a child in conflict with law, is gross abuse of process of law and it is purely violation of the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short „the Act‟). Learned counsel would further submit that the petitioner shall be treated as a Child in Conflict with law and ought have followed the special procedure contemplated under Sections 10,13, 14 and 94 of the Act. Learned counsel would finally prays to quash the proceedings against the petitioner/A4. 3 4. Learned Assistant Public Prosecutor fairly conceded that since Petitioner is a child in conflict with law, the provisions of the offences lodged against him are not attracted. 5. In these circumstances, it is necessary to extract the Sections 10,13, 14 and 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and it is thus: Section 10: Apprehension of Child Alleged to Be in Conflict With Law This section outlines the process when a child alleged to be in conflict with law is apprehended. The child is to be immediately placed under the charge of a special juvenile police unit or a designated child welfare police officer and is prohibited from being placed in a police lockup or jail. The child must be brought before the Juvenile Justice Board (JJB) within twenty-four hours of apprehension, excluding travel time. Police interacting with the child should be in plain clothes and use polite language to maintain the child's dignity. Section 13: Production of Child Before the Board Section 13 details the necessary actions upon apprehending a child. Parents, guardians, or family members must be immediately informed of the apprehension and the child's location. Additionally, the police must inform the concerned probation officer or a registered voluntary organisation. Section 14: Inquiry by the Board This section governs the inquiry process when a child alleged to be in conflict with law is brought before the JJB. Inquiries for petty offences are to be completed within three months, while serious offences follow procedures for summons cases under the Criminal Procedure Code. The Board makes orders based on the findings, always prioritizing the best interest of the child. Section 94: Presumption and Determination of Age Section 94 provides the method for determining the age of a person before the Board or Committee. The age recorded is considered the true age under the Act. Priority is given to school or matriculation certificates, or a birth certificate from a municipal authority or panchayat. Medical tests, such as ossification tests, are used only if these documents are unavailable and must be completed within fifteen days. The age determination uses a standard of probability, not proof beyond a reasonable doubt. 4 6.. As rightly put by learned counsel for the Petitioner, thePetitioner/A4 is Child in Conflict with law at the time of registration of the crime. As put by learned Assistant Public Prosecutor, the police did not follow the procedure prescribed under the Juvenile Justice Act. 7. Coming to the allegation of the cheating against the petitioner, even as per the report before the police, the A1 telephoned Respondent No.2 and told her that he is in Tamilnadu, instructed her to keep the ornaments in a purse and place the purse in the attic of his relative. Subsequently, the A1 again telephoned Respondent No.2 and informed that his son i.e. the petitioner preserved the ornaments in a two-wheeler belonging to Accused No.1. The ingredients necessary for invoking Section 318(4) BNS, corresponding to Section 420 IPC, as explained by the Hon‟ble Supreme Court in Jupally Lakshmi Kantha Reddy Vs. State of Andhra Pradesh and Anr.1, is extracted hereunder: “12. The ingredients of the offence of cheating are as follows: 1) Deception of a person by making false representation which the maker knows or has reason to believe is false and thereby 2) (a) Fraudulently or dishonestly inducing such person: (i) to deliver any property to any person, or (ii) to consent that any person shall retain any property, or (b) Intentionally induces that person to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or 12025 INSC 1096 5 omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. 13. The words „dishonestly‟ and „fraudulently‟ are defined as follows: „„24. “Dishonestly”— Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”. 25. “Fraudulently”— A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.‟‟ Section 23 IPC defines wrongful loss/ wrongful gain: ““Wrongful gain”: Wrongful gain is gain by unlawful means of property to which the person gaining is not legally entitled. “Wrongful loss”: Wrongful loss is the loss by unlawful means of property to which the person losing it is legally entitled.” Reading the ingredients in the backdrop of these definitions, it is evident in order to attract the offence of cheating, a person must knowingly make a false statement which would induce another to part with property or to do or omit to do a thing which the latter would not do or omit unless deceived and thereby is likely to suffer damage/harm in body, mind, reputation or property.” (Emphasis supplied) 8. A cursory look at the allegation against the petitioner would show that he collected a purse containing gold ornaments from the attic of relative of A1, which was placed there by the Respondent No.2. The FIR would clearly show that the A1 instructed the Respondent No.2 to put her gold ornaments in a purse and place the same in the attic of his relative and subsequently, the A1 informed Respondent No.2 that his son i.e. the petitioner collected and preserved the purse. There is no allegation against the petitioner to show that he fraudulently induced the 2nd respondent to deliver him any property. In the absence of such 6 allegation, the offence under Section 318(4) BNS is not attracted to the petitioner. Further, the registration of FIR against the petitioner, who is a minor, is against to the procedure contemplated under Sections 10, 13, 14 and 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015. In these circumstances, continuing criminal proceedings against the petitioner would be a clear abuse of process of law. Accordingly, the Criminal Petition is allowed. The Proceedings in Crime No.103 of 2025 of Macherla Town Police Station against the Petitioner/A4, is hereby quashed. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 04.12.2025 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.12342 of 2025 04.12.2025 Mjl /*