ORDER :

The petitioners are before this Court calling in question order dated 16-05-2023 passed by the Civil Judge and JMFC, Ponnampet, Kodagu in P.C.R.No.414 of 2022 by which the learned Magistrate rejects the ‘B’ report filed by the Police and takes cognizance of the offence punishable under Sections 305, 499 r/w 34 of the IPC.

2. Facts adumbrated are as follows:-

Petitioners 1 to 3 are accused 1 to 3 respectively. The 2nd petitioner is the Director of Karumbaiah Academy for Learning and Sports School (hereinafter referred to as ‘the School’ for short). The 1st petitioner is its Principal and the 3rd petitioner is the Hostel warden of the School. The 2nd respondent is the complainant, father of a ward by name Nihal Bidappa, boy aged 15 years. Nihal Bidappa was a student of the school in 9th grade at the relevant point in time. It is the averment in the petition that Nihal Bidappa was a mischievous child and, therefore, had to be counseled. Three dates of counseling are averred in the petition viz., 09-12-2021, 09-02-2022 and 09-08-2022 and on the last date the child was counsele