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2017 Supreme(Ker) 1181

B.SUDHEENDRA KUMAR
A. NIZAMUDHIN – Appellant
Versus
STATION HOUSE OFFICER KANNUR TOWN STATION – Respondent


Advocates Appeared:
For the Petitioner:Sri. K. R. Avinash (Kunnath), Sri. Abdul Raoof Pallipath and Sri. Prajit Ratnakaran, Advocates.
For the Respondent: Smt. M.K. Pushpalatha, Sr. Public Prosecutor.

ORDER :

B. SUDHEENDRA KUMAR, J.

1. The petitioner is the first accused in C.P. No. 67 of 2016 on the files of the court of the Judicial Magistrate of First Class-I, Kannur.

2. The prosecution allegation is that on 29-6-2016, a minor child aged 14 years was found engaged in the domestic work in the house of the petitioner by the Child Line people. The matter was reported to the police. The police came to the spot and questioned the victim. Thereafter, the crime was registered. After completing the investigation, final report was filed before the Court under Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (for short "the Act").

3. In this Crl.M.C., the prayer of the petitioner is to quash the final report and further proceedings against the petitioner in the above said case.

4. Heard both sides.

5. The learned counsel for the petitioner has argued that since there is no allegation that the minor victim girl was employed by the petitioner in bondage, the offence under Section 79 of the Act is not attracted.

6. In this connection, it will be beneficial to read Section 79 of the Act, which is extracted hereunder:-

"Exploitation of a child employee: Notwit


























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