VINOD S PANICKER Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner is the accused in a pending case on the file of the Sessions Court, Thiruvananthapuram. He is being prosecuted for the offence punishable under Section 26 of the Juvenile Justice (Care & Protection of Children) Act, 2000, for short, 'the Act'. Petitioner is operating a bakery. He employed in that bakery a juvenile, aged 17 years, who hailed from Nepal, is the gist of the accusation to proceed against him for the aforesaid offence, on a report filed by the Sub Inspector of Police, Peroorkada Police Station. During the course of law and order patrol duty, the aforesaid Sub Inspector got information of the employment of a juvenile in the bakery of petitioner. He reached that bakery and, then, found a juvenile employed in that business concern, is the case of the prosecution for registration of the crime and, later, indictment of the petitioner for the offence under Section 26 of the Act. Petitioner has filed the above petition for quashing the criminal proceedings against him contending that none of the ingredients of the offence under Section 26 of the Act has been made out to prosecute him. Employment of a juvenile, that too aged 17 years, in a bakery, by itself, is not sufficient to prosecute him for the aforesaid offence, is the challenge projected to quash Annexure 2 final report and cognizance of the offence taken thereunder by the Sessions Court to proceed against him.

(2.) I heard the learned counsel for the petitioner and also the learned Public Prosecutor.

(3.) Annexure 2 is the final report filed before the court after conducting investigation in the crime. That report includes some other annexures - statements recorded from the material witnesses during the investigation of the crime. Going through the report and statements, it is evidently clear that the prosecution against the petitioner solely rests on the allegation that he has employed a juvenile aged 17 years in his bakery shop. Whether employment of a juvenile who is stated to be aged 17 years in a bakery shop by itself would constitute an offence under Section 26 of the Act, is the question emerging for consideration.