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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
SUDHAKARAN C – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. disciplinary actions within educational institutions should not be criminalized without intent to harm. (Para 2 , 5) |
| 2. alleged physical restraint and hurt to students. (Para 3) |
| 3. allegations must show intent and injury to hold educators criminally liable. (Para 4) |
| 4. moderate force used by teachers for discipline is permissible if not malicious. (Para 6 , 8) |
| 5. intent must align with outcomes to substantiate criminal charges under ipc or jj act. (Para 7) |
O R D E R This Crl.M.C has been filed by the sole accused in CC No.
2/2020 on the files of the Judicial First Class Magistrate Court - I, Kothamangalam (for short, the trial court) under Section 482 of Cr.P.C to quash Annexure B final report and all further proceedings in CC No.2/2020.
2. The petitioner was the Headmaster at Government Higher Secondary School, Nellikkuzhy, Kothamangalam, Ernakulam. The 2nd and 3rd respondents were 8th-grade students at the said school. The prosecution case in short is that on 20/11/2019, at about 9.50 a.m., the petitioner wrongfully restrained and voluntarily caused simple hurt to the 2nd and 3rd respondents as they were late to report at yoga class and thereby committed the offences
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