HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P. No. 7957 of 2009 DATED: 14.12.2011 Between: Pallikondawar Balamani .. Petitioner/ accused And 1. The State of A.P. .. Respondents 2. Kotte Gangadhar O R D E R:- 1. Heard Sri Purnachandra Reddy, learned counsel for the petitioner and the learned Additional Public Prosecutor. 2. The petitioner herein is the accused in C.C. No. 306 of 2008 on the file of V Additional Chief Metropolitan Magistrate, Hyderabad which is a Juvenile Court. 3. It is brought to my notice by the petitioner’s counsel that this case has been subsequently transferred to the Juvenile Court, Nizamabad. The charge sheet brought against the petitioner is one under Section 302 IPC. The substance of the accusation is that the deceased tried to commit rape on the petitioner and thereafter the petitioner hacked the deceased and killed him. The other details are not necessary. 4. The learned counsel for the petitioner has argued that these allegations in the charge sheet disclose that the case would fall within one of the exceptions in the Indian Penal Code also and therefore it should be quashed. So far as this aspect is concerned i.e. the plea of applicability of exception, it becomes a disputed question of fact and cannot be gone into these proceedings. 5. The learned counsel for the petitioner then pointed out that the case is based only on the confession of the accused made to a police officer and since that is irrelevant the case should be quashed. It may be noted that whether the case is based only on the confession to the police officer or whether the complicity of the accused can be deduced on the other evidence is again a disputed question of fact and that has to be decided by the trial Court. Hence, that question also cannot be gone into in this petition. 6. Accordingly, this Criminal Petition is dismissed and the trial Court shall go ahead with the case and dispose it of as expeditiously as possible. __________________ N. RAVI SHANKAR, J 14.12.2011 bcj