The definition of 'child in need of care and protection' under the JJ Act is to be interpreted broadly, and teachers may face liability for excessive corporal punishment.

JUDGMENT & ORDER

This criminal petition under Section 401 r/w Section 482 of the Criminal Procedure Code, 1973 has been filed by the petitioner for setting aside and quashing of the order dated 14.01.2022 and order dated 23.05.2023 passed by the Judicial Magistrate First Class, West Garo Hills District, Tura in GR No. 59 of 2021 arising out of the Tura Women PS Case No. 17(04)2019 under Section 323 IPC r/w Section 75/82 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and also the order dated 23.06.2022 passed by the District and Sessions Judge, Tura in Crl. Rev. No. 02/2022. The petitioner also prayed for quashing of the entire proceeding of the GR No. 59 of 2021.

1. The brief fact of the case is that the petitioner is a co-founder of Aeroville Higher Secondary School, Tura and is holding the post of Headmistress in the said school since the year 1995. In addition to teaching Economics in class X, the petitioner also teaches Grammar to the students of class I and II of the school. The petitioner is well known and respected in the society especially by virtue of being a good educationist and even the State government recognizes the services of the petitioner as a pioneer in the field of education. On 25.04.2019, a written complaint was filed before the Officer In-charge, Tura Women Police Station, West Garo Hills against the petitioner by the respondent No.5 alleging that her daughter aged about 7(seven) years studying in class II of Aeroville Higher Secondary School, Tura, was physically abused by the petitioner on 24.04.2019 in the school premises. On the basis of the written complaint, the Tura Women PS Case No. 17(04)2019 under Section 323 IPC r/w Section 75/82 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short JJ Act) was registered and investigated into. On the completion of the investigation, a charge sheet under the aforesaid section of law was filed on 28.10.2020 and the learned trial court took cognizance of the matter on 14.01.2022. At the trial, a prayer for discharge was made on behalf of the petitioner but the learned trial court after hearing the parties, by impugned order dated 14.01.2022 declined to entertain the prayer of the petitioner and ordered for framing of charges. The said order was challenged by the petitioner before the court of the Sessions Judge, Tura, in Crl. Rev. No. 02/2022 and the learned Sessions Judge by the impugned order dated 23.06.2022 held that Section 82 of the JJ Act is not attracted in the matter and modified the order dated 14.01.2022 to that extent. Inspite of passing of the order dated 23.06.2022 by the Sessions Judge, Tura, the learned trial court vide impugned order dated 23.05.2023 again directed for framing of charges against the petitioner under Section 323 IPC and Section 75 and 82(1) of the JJ Act. Being aggrieved, the petitioner preferred this criminal petition before this Court challenging all the aforementioned impugned orders and also for quashing and setting aside of the entire proceeding of the GR Case No. 59/2021 pending before the trial court.

2. Mr. V.G.K. Kynta, learned Sr. counsel appearing for the petitioner submits that in terms of Section 1(4) of the JJ Act, the provisions of that Act shall apply only to the matters concerning “Children in need of Care and Protection” and “Children in Conflict with Law” and going by the defination of the terms “Children in need of Care and Protection” and “Children in Conflict with Law” as provided in Section 2(13) and 2(14) of the JJ Act, the child in question in the present case would not come under the purview of the said Act. The