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2026 Supreme(Online)(Ker) 4537

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
BROTHER . A.L. JOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SHIRAS ALIYAR, SMT.SOWMINI D.NAIR
For the Respondents: SR.PP-SRI.A.VIPIN NARAYAN

ORDER

Dated this the 21st day of January, 2026 The petitioner is the sole accused in C.P No. 19 of 2023 on the file of the Judicial First Class Magistrate Court-I, Aluva arising out of Crime No. 901 of 2018 of Aluva East Police Station. The offence alleged against the petitioner is under Section 75 of the Juvenile Justice Act (JJ Act).

2. The prosecution case is the that when the son of the defacto complainant, who was studying in St. Francis Assisi Senior Secondary School, Asokapuram, the accused who was the principal of the said school, asked him why he came to the school on that day. When he replied that he had come along with his father to attend flag hosting, he allegedly told the child that if he comes again along with his father, it will be dangeruous to him.

3. According to the learned counsel for the petitioner, the above allegations raised against the petitoner do not constitute an offence punishable under Section 75 of the JJ Act. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor.

6. Section 75 of the JJ Act 2015, reads as follows :

“ 75. Punishment for cruelty to child

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