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2020 Supreme(Ker) 531

Amal – Appellant
Versus
State Of Kerala, Represented By Sub Inspector Of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Ismail Puzhithara, Smt.P.M.Rasna, Advs.
For the Respondent: Sri.Praveen K. Joy, Adv., Sri. Udayakumar K.B. (P.P)

ORDER :

The petitioners are the two teachers of Al- Ameen Public School, Edappally and the accused in S.C.No.630/14 on the file of Additional Sessions Court, Ernakulam. The de facto complainant's minor son who is CW2, was a student of 6th standard in the school. The specific accusation in the Annexure-A1 final report, against the petitioners is that on 27.9.2013, they made the student sit on the floor of the classroom and write the examination and this act of the petitioners amounted to causing mental harassment to CW2 and therefore they are liable to punishment for commission of the offence u/s. 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'the J.J.Act',2000) r/w S.34 IPC which corresponds to S.75 of the new J.J. Act, 2015. Crime No.1980 of 2013 was registered against the petitioners on the motion of the second respondent, who is the father of the student, through Annexure-A2 complaint laid before the Sub Inspector of Police, Kalmasserry.

2. The petitioners seek to quash Annexure-A1 invoking inherent power of this Court u/s.482 of the Cr.P.C on the premise that if prosecution against them is permitted, it would only contribute to perpetuating ab

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