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2024 Supreme(Online)(KER) 24853

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


Advocates:
SRI.SAJU J PANICKER, SRI.SREEVALSAN.V, SRI. SANGEETHARAJ N. R., PP

O R D E R

This Criminal Miscellaneous Case is filed to quash the proceedings in S.C. No. 1215 of 2015 pending before the District and Sessions Court, Kollam.

2. When this Crl.M.C. came up for consideration on 09.08.2024, this Court directed the Registry to get a report from the court concerned about the present stage of the case. The Judicial First Class Magistrate Court, Chavara submitted a report stating that the case is now transferred to that court and it is pending as C.C. No. 881/2017.

3. The above case is charge sheeted alleging offence punishable under Section 23 of the Juvenile Justice Act, 1986 (for short 'JJ Act').

4. The prosecution case is that the petitioner, with an intention of employing the 2nd respondent, who was a minor at the time of the incident, employed him in the Neendakara Harbour in a boat and committed the above said offence. According to the petitioner, even if the entire allegations are acccepted, no offence is made out. Hence this Crl.M.C. is filed.

5. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 6. Annexure A2 is the final report in this case.

The allegation in the final report is extracted hereunder:

പ്രതതി മമ

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