THANGAMARI @ THANGAMARIYAMMAL vs Home Prohibition and Excise Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(MAD) 37755

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :30.09.2024 CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.14640 of 2024 and Crl.MP.Nos.8943 and 8946 of 2024
1. Thangamari @ Thangamariyammal .. Petitioner Vs.
1. Deputy Superintendent of Police, Kanuvai Navavoor Road, Navavoor, Coimbatore, Tamilnadu,641 041.
2. State rep.by The Inspector of Police, Alanthurai Police Station, Coimbatore.
(Cr.No.62 of 2022)
3. Shylaja .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records relating to the proceedings of Charge Sheet in Spl.CC.No.143 of 2023 pending on the file of the Special Judge for trial of Cases under SC and ST (POA) Act, Coimbatore and quash the same as against the petitioner/1st accused.
For Petitioner : Mr.B.Nedunchezhiyan For Respondents : Mr.S.Udaya Kumar Government Advocate(Crl.Side)
for R1 and R2 : No appearance for R3

O R D E R

The petitioner herein is a School Teacher. On a complaint given by the mother of 8 years old boy pursuing 3rd Standard, a case has been registered against the petitioner and two others for offence under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(1)(r) of SC/ST (Prevention of Atrocities) Act, 1989.

2. The sum and substance of the complaint is that the son of the complainant gone to the toilet, had not cleaned it properly. Therefore, he was asked to clean it. Being aggrieved, the petitioner has called the defacto complainant and advised her to teach clean bowel habits to her son. Being felt self insulted, the present complaint been given. The statement and witnesses been taken note by the Investigating Officer and final report filed.

3. The learned counsel appearing for the petitioner submits that the petitioner is a school teacher had only suggested the defacto complainant to teach her son about cleaning toilet habits, but, she has given a communal colour and exaggerated the incident out of proportion and given a complaint against the petitioner and two others who are sub Staffs working in the School.

4. On perusing the quash petition and the statement of witnesses, this Court finds that there is primafacie case to quash the final report and hence cause notice to the defacto complainant. Despite notice, the defacto complainant has not turned up in person or through counsel.

5. It is a case of 8 years old boy studying had difficulty in managing himself while using toilet. The mother of the boy has been informed about it and which was asked to train her son. This cannot be considered as an act of insult committed wantonly to a member of scheduled caste. Therefore, this Court is of the view that the teacher in a School cannot be prosecuted for teaching the student to have clean habits.

Hence, Spl.SC.No.143 of 2023 stands quashed.

6. Accordingly, this Criminal Original Petition is allowed.

Consequently, the connected miscellaneous petitions are closed.

30.09.2024 Vv To

1. The Deputy Superintendent of Police, Kanuvai Navavoor Road, Navavoor, Coimbatore, Tamilnadu,641 041.

2. The Inspector of Police, Alanthurai Police Station, Coimbatore.

3.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

30.09.2024

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