THE HON’BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12888 OF 2024

JUDGMENT:

The 2nd respondent who was working as maid servant had lodged a complaint with the police alleging that the petitioner, who was working as teacher was using such language in the class which made the children uncomfortable who were studying. Further, the appellant used to take photographs of the college teachers and also the students without their consent. On the basis of the said complaint, police registered the case and examined the victim and witnesses. The 2nd respondent is the maid servant who stated in the complaint that the appellant was teaching out context and mentioning about love in very explicit and objectionable manner causing embarrassment to the girl children. The accused had further taken pictures of the children in the class room and also the staff.

2. The petitioner appears party in person. According to him, a police complaint was filed against him only for the reason of his lodging complaint against head mistress with the District Education Officer and also The Human Rights Commission.

Further, the party relied on the judgment of Kerala High Court in Criminal Miscellaneous Case No.714 of 2022, wherein the Kerala High Court had quashed the proceedings in the charge sheet filed under the provisions of Section 509 of Indian Penal Code and Section 11 (i) of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”). The quashment was on the basis of the differences and rivalry in between the parties.

3. The background of the case is that discharge application was filed by the petitioner herein before the Court below. The said discharge application was dismissed. Aggrieved by the said discharge application, criminal revision case No.685 of 2022 was filed. This Court found that the purpose for which the photographs were taken and whether he had behaved in indecent manner had to be decided by the trial Court.

4. The petitioner has come up with the very same grounds in the present quash application, which were dismissed in this Criminal Revision by this Court.

5. As rightly observed by this Court in Crl.Rc.No.685 of 2022, the grounds raised by the petitioner are factual aspects to be decided by the trial Court. The said ground cannot be considered in this quash application.

6. Accordingly, the petition is dismissed.

Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.

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K.SURENDER, J Date:26.03.2025 VRKS