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2017 Supreme(Ker) 594

B.SUDHEENDRA KUMAR
Thresiamma Varkey – Appellant
Versus
State of Kerala represented by its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:P.V. Anilkumar, S. Anitha (Udumbumkuzhyil), Advocates
For the Respondent: C.N. Prabhakaran, Public Prosecutor

JUDGMENT :

1. The petitioner is the accused in S.C. No.50 of 2012 on the files of the Additional Sessions Court Kottayam. The petitioner has filed this Crl.M.C. praying for quashing the final report and further proceedings in the above case.

2. The prosecution allegation is that on 5.6.2011, a minor girl aged 13 years was found employed in the house of the petitioner as a made servant for a very meager wage of Rs.100/- per month.

3. On the basis of the said allegation, Crime No.464/2011 was registered in Pala Police Station for the offence under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Old Act'). After completing the investigation, the final report was filed before the court by the Police for the above said offence. The learned Magistrate committed the case to the Sessions Court and presently, the case is pending as S.C.No.50/2012 before the court below.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner has argued that in view of Section 86 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the New Act'), the offence alleged agains

































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