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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Abhuthahir S/o A.S. Ibrahim – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. teacher's intervention with corporal punishment. (Para 1 , 2) |
| 2. arguments for quashing the prosecution. (Para 3 , 4) |
| 3. teacher's authority and intent discussed. (Para 5) |
ORDER :
C. PRATHEEP KUMAR, J.
This is a petition filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the accused in Crime No.585 of 2019 of Vadakkencherry Police Station, which is pending as S.C. No.577/2023 on the file of the Additional Sessions Judge-I (Special Court), Palakkad. The offences alleged against the petitioner are punishable under Section 324 IPC and Section 75 of Juvenile Justice (Care & Protection of Children) Act 2015.
2. The prosecution case is that, on 16.09.2019, at about 10 a.m., while the victim who was a 5th standard student in Mambad CAUP School, along with other students in the class were engaged in attacking each other, the accused who was their teacher intervened with a cane and beat the children who were engaged in the clash, on their legs.
3. According to the learned counsel for the petitioner, the petitioner being a responsible teacher was only performing his duty to restrain the students who were attacking each other using sticks, in the process of mainta
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