P. Ubaid, J.

1. A prosecution involving the offence under S. 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 is sought to be quashed. The petitioner herein is the sole accused in the said case, pending as S.C. No. 4/2015 before the Special Court for the Trial of Offence against Women and Children, Ernakulam. The police registered the crime against the petitioner suo motu on the basis of the report of a police constable that a juvenile aged 16 years was found employed in a petrol pump run by the petitioner herein. After investigation the police submitted final report under S. 23 of the Juvenile Justice Act. Annexure A is copy of the said final report. However, the trial court has framed a charge against the petitioner under S. 26 of the Juvenile Justice Act, it is submitted. On hearing both sides, I find that the prosecution is liable to be quashed. It is not known how merely employing a juvenile aged 16 years will come under S. 23 of the Juvenile Justice Act, or under S. 26 of the Juvenile Justice Act. To come under S. 23 of the Juvenile Justice Act, the alleged offence must have been committed by a person having actual charge or control over the juveni