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2024 Supreme(Ker) 638

A. BADHARUDEEN
Jomi, C/o. Charitable Convent – Appellant
Versus
State Of Kerala, Represented By The Sub-Inspector Of Police, Kodanadu Police Station, Through The Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Shibu Varghese.
For the Respondents: Sri. Renjit George, Sr. Public Prosecutor, K.N. Govindankutty Menon.

ORDER :

This is a petition filed by the petitioner under Section 482 of the Code of Criminal Procedure seeking quashment of Annexure C Final Report in Crime No.690/2018 of Kodanadu Police Station, which is now pending as C.C. No.602/2018 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor against him.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the defacto complainant.

3. The sum and substance of the prosecution allegation is that the victim aged 13 years, who was studying in 8th Standard was beaten by the accused, when she secured less marks in a test paper conducted by the accused, who is the English Teacher and the Principal of St.Joseph School, Thottuva, where the minor girl was studying. Recording the statement of the victim, crime was registered alleging commission of offence punishable under Section 324 of the Indian Penal Code as well as Section 82 of Juvenile Justice Act ('JJ Act' for short, hereinafter).

4. The learned counsel for the petitioner would submit that the offence under Section 82 of the JJ Act would not attract in the present case, since Section 82 deals with corporal punishme

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