KHALID Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the sole accused in S.C. No. 240 of 2012 on the file of the Sessions Court, Kasargode. He is being prosecuted for having committed offence punishable under S. 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act'). On 2.6.2011, at 9.15 pm, the Sub Inspector of Police, Vidyanagar police station, while on law and order patrol duty, received reliable information that juveniles were being employed in the "Milan" hotel run by the petitioner. He, along with his subordinate officers, reached the hotel arid found that a 15 year old boy was engaged in washing utensils and cleaning the tables in the said hotel. On enquiry, it was revealed that the boy was a native of Jharkhand and that he was being employed by the petitioner. On finding that the petitioner had engaged a child in his establishment in violation of the letters of law, the Sub Inspector rushed to the police station and registered the aforesaid crime. Later, investigation was conducted by questioning witnesses, which included the father of the juvenile and employees of the shop, and a final report was laid before Court charging the petitioner under S. 26 of the Act.

(2.) The petitioner has filed this Criminal Miscellaneous Case for quashing the pending proceedings on the ground that the prosecution is nothing but an abuse of process of law as none of the ingredients of S. 23 of the Act is attracted.

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