This petition is filed under Section 482 of the Cr.P.C.

2. The daughter of the 3rd respondent is a Class II student at the Narayana L.P. School, Nallur. The petitioner is her Mathematics teacher. On 5.11.2015, while learning addition and subtraction, the child committed a minor mistake. The petitioner is alleged to have jabbed on her shoulders with his fist. In the evening, when the child complained of pain, her mother questioned her. She divulged about the incident, which took place in the morning. The child was taken to the hospital and on 8.11.2015, the father of the child lodged the FIR statement leading to the registration of the crime. After investigation, final report was laid under Section 323 of the IPC and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

3. It appears that the case was taken cognizance of by the learned Sessions Judge. The petitioner challenged the order taking cognizance and this Court relying on the decision in Thressiamma Varkey V State of Kerala [2017 (3) KHC 656], ordered the transfer of the case to the jurisdictional Magistrate.

4. Though notice was issued to the 3rd respondent/de facto complainant and the same was