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2004 Supreme(Ker) 591

J.M.JAMES
K. A. Abdul Vahid – Appellant
Versus
State of Kerala – Respondent


Judgment :-

When a school teacher, in this case, the Madrassa teacher, beats a student with a cane, who created commotion in the school or showed disobedience to the Rules, whether he could be proceeded against under the provisions of the I.P.C., is the question that is before me for consideration.

2. Petitioner is an Arabic teacher at Manikkal Madrassa, near Venjarammoodu. On 23.9.2003 evening, the petitioner beat one Sajad, a student learning Arabic, with a cane on his buttock. He cried. He was taken to his house in the evening by two persons. He complained to his father, the de facto complainant, that he has got pain. He was shown to a private hospital at Venjarammooddu. As paid subsisted, he was taken to the S.U.T. Hospital, Thiruvananthapuram. Though the Juma-at office bearers promised to pay him the treatment expenses, they failed. Hence, he made a complaint before Venjaraammoddu Police Station on 1.11.2003, and the police registered Crime No.391/2003 under Section 324 I.P.C. The matter is now pending before the Judicial First Class Magistrate Court-II, Attingal, as C.C.No.1028/2003. Petitioner came up before this Court under Section 482 Cr.P.C. praying to quash the said proce


















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