(1.) The prayer in the above Criminal Miscellaneous Case filed under Sec.482 of the Cr.P.C . is as follows:
(2.) The petitioner herein has been arrayed as the sole accused in the impugned Anx.I FIR in Crime No.622/2014 of Ayarkunnam Police Station, Kottayam district, for the offence punishable under Sec.324 of the IPC , on the basis of FIS given by the 1 st respondent (father of the minor victim boy) on 19.11.2014 in respect of the alleged incident which happened on the same day between 12 noon and 4 pm on that day. The police after investigation has filed the impugned Anx.II final report/charge sheet which has now led to the pendency of C.C.No.96/2015 on the file of the JFCM-I, Kottayam, in which the petitioner has been arrayed as the sole accused for the abovesaid offences.
(3.) The brief of the prosecution case is that, the petitioner who is a nun and who is the teacher of minor victim boy aged 4 1/2 years in the school concerned, had caned the student and thereby she has committed the abovesaid offence as per Sec.324 of the IPC.