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2012 Supreme(Ker) 660

S.S.SATHEESACHANDRAN
Vinod S. Panicker – Appellant
Versus
Sub Inspector Of Police – Respondent


Advocates appeared:
For the Petitioner:A. Dinesh Rao, K.K. Rajeev (Punnapuram), Advocates.
For the Respondent: R. Ranjith, Public Prosecutor.

JUDGMENT

S.S. Satheesachandran, J.

1. Petitioner is the accused in a pending case on the file of the Sessions Court, Thiruvananthapuram. He is being prosecuted for the offence punishable under Section 26 of the Juvenile Justice (Care & Protection of Children) Act, 2000, for short, 'the Act'.

2. Petitioner is operating a bakery. He employed in that bakery a juvenile, aged 17 years, who hailed from Nepal, is the gist of the accusation to proceed against him for the aforesaid offence, on a report filed by the Sub Inspector of Police, Peroorkada Police Station. During the course of law and order patrol duty, the aforesaid Sub Inspector got information of the employment of a juvenile in the bakery of petitioner. He reached that bakery and, then, found a juvenile employed in that business concern, is the case of the prosecution for registration of the crime and, later, indictment of the petitioner for the offence under Section 26 of the Act. Petitioner has filed the above petition for quashing the criminal proceedings against him contending that none of the ingredients of the offence under Section 26 of the Act has been made out to prosecute him. Employment of a juvenile, that too aged














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