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2023 Supreme(Online)(KER) 4454

HIGH COURT OF KERALA
Kauser Edappagath, J
V.M.ALIYAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SHAJI CHIRAYATH, SMT.JIJI M. VARKEY, SMT.SAVITHA GANAPATHIYATAN, SRI.M.M.SHAJAHAN

O R D E R

Dated this the 20th day of January, 2023 This Crl.M.C. has been filed to quash all further proceedings in C.C.No.639/2016 on the files of the Judicial First Class Magistrate Court-I, Perumbavoor (for short, 'the court below').

2. The petitioner is the accused. The offences alleged against the petitioner are punishable under Section 370 of the Indian Penal Code and Section 26 of the Juvenile Justice Act , 2000.

3. The prosecution case, in short, is that the petitioner has employed a minor victim boy, who has been impleaded as additional 4th respondent, at his company in an unclean environment and thereby committed the offence.

4. I have heard Sri.Shaji Chirayath, the learned counsel for the petitioner and Sri.P.G.Manu, the learned Senior Public Prosecutor. Notice to the additional 4th respondent is dispensed with.

5. The learned counsel for the petitioner submitted that even if the entire allegations in the final report are believed in its entirety, no offence under Section 370 of the Indian Penal Code or Section 26 of Juvenile Justice Act , 2000 is made out.

6. The crime was registered on the basis of the report of Assistant Labour Officer, Perumbavoor. Annexure A1/6 is the

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