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2024 Supreme(Online)(KER) 41129

HIGH COURT OF KERALA
P. G. Ajithkumar, J
NAVEEN ANTONY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
MAHESH V.MENON, SRI.SANGEETHARAJ.N.R, PP

Table of Content
1. defense of petitioners (Para 5)
2. public prosecutor's stance (Para 6)
3. judicial consideration of precedents (Para 7 , 9 , 10 , 11)
4. nature of corporal punishment (Para 12)

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.2745/2016 on the file of the Judicial First Class Magistrate Court-I, Thrissur.

2. Petitioners are the teachers and staff of the Chaldean Syrian Higher Secondary School, Thrissur. They are arrayed as accused in the above case which was charge sheeted alleging offences punishable under section 341 , 323 , 324 r/w 34 of the Indian Penal Code . The 3rd petitioner is the Headmistress, and the 1st and 2nd petitioners are the teachers of the said school. The 4th petitioner is the non-teaching staff of the said school.

3. The allegation put forth against the petitioners is that on 28.07.2016 at about 11 am, the 2nd petitioner took the defacto complainant into the sports rooms alleging that he is consuming Hans, and it is submitted that the 1st petitioner beaten him on the face. The 3rd and 4th petitioners restrained his movement by holding his hands while the 2nd petitioner beaten his legs with reap and there by commit

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