U.R. BHEEMASENA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned SPP. Perused the impugned order dated 17.11.2015passed by the learned judge dealing with special cases in Spl.C.C.540/14.

(2.) Charge sheet is filed against this petitioner for the offences punishable under Sections 370, 374, I.P.C. and Sections 23 and 24 of the Juvenile Justice Act, 2006. The allegation against this petitioner is that he had engaged the services of children aged below 14 years from morning till evening and a case was registered on the basis of information given by a voluntary organization and on completion of investigation, charge sheet was filed for the above offences.

(3.) An application had been filed under Section 227, Cr.P.C. requesting the court to discharge the accused. The main emphasis of the learned senior counsel representing the revision petitioner, Mr.C.H.Jadhav is that the court below has not at all discussed and considered the judgment rendered by the Constitutional Bench of the Hon'ble apex court in the case of LALITHA KUMARI .v. GOVERNMENT OF UTTAR PRADESH, 2014 2 SCC 1 In paragraph 14 of the impugned order, the learned judge has observed as follows: