NIRMALA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has now been arrayed as the sole accused in the instant Calendar Case, C.C.No. 176/2019 on the file of the Judicial First Class Magistrate's Court, Hosdurg, which has arisen out of the impugned Anx. A-1 final report/charge sheet filed in Crime No. 31/2019 of Beckal Police Station, Kasargod. The offences alleged therein are those punishable under Sec. 324 of the I.P.C. and Sec. 82(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015).

(2.) The brief of the prosecution case is that the petitioner accused, who is a lady teacher of the Government Higher Secondary School, Pallikkara, where the minor victim girl aged 15 years, is studying in standard No.IX Division B, had beaten her with a cane stick and thereby she has committed the offences punishable under Sec. 324 of the I.P.C. and 82(1) of Juvenile Justice (Care & Protection of Children) Act, 2015, etc. The petitioner seeks quashment of the impugned proceedings on various grounds.

(3.) Heard Sri.M.Ramesh Chander, learned Senior Counsel, instructed by Sri.Balu Tom Cheruvally, learned counsel appearing for the petitioner accused and Sri.P.N.Sumodu, learned Prosecutor appearing for the 1st respondent. Though notice has been duly served on contesting respondent No.2, there is no appearance for that party.