MUMTAZ KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges the proceedings in S.C. No.140 of 2017 on the files of the Additional Sessions Court-I, Thalassery. The offences alleged against the petitioner are under Sec. 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the JJ Act').

(2.) A girl of 11 years and a native of Salem in Tamil Nadu was engaged by the petitioner as domestic help. Pursuant to information received by the Child Welfare Committee, a complaint was filed before the Kannur Town Police Station on the basis of which Crime No.1557 of 2016 was registered against the petitioner on 29/6/2016.

(3.) Petitioner, who claims to be suffering from cancer, has invoked the inherent jurisdiction of this Court to quash the proceedings contending that the child was never employed as domestic help and that she was only the daughter of her servant, who used to come to her house for employment purposes. It was further urged that the final report, which led to the proceedings in S.C. No.140 of 2017 on the files of the Sessions Court-I, Thalassery does not make out any case against the petitioner under Sec. 75 and 79 of the JJ Act and therefore, the prosecution is an abuse of the process of the court.