Jessy V.T. v. Adarsh T.K., Minor Rep. By His Father Surendran

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Crl.MC.No. 3832 of 2015 () --------------------------- CRIME NO. 609/2015 OF PONNANI POLICE STATION , MALAPPURAM DISTRICT ===================== PETITIONER:

------------------- JESSY V.T., AGED 59 YEARS, D/O.JOHN, PRINCIPAL VIJAYAMATHA ENGLISH MEDIUM HIGHER SECONDARY SCHOOL PONNANI, MALAPPURAM.

BY ADVS.SRI.C.KHALID SRI.T.V.MAMMOOTTY SRI.N.A.JOSEPH SRI.K.P.MOHAMED SHAFI SMT.K.S.HASEENA SRI.PHIJO PRADEESH PHILIP SMT.K.REEHA KHADER SMT.K.K.NESNA RESPONDENTS:

------------------------

1. ADARSH T.K.(MINOR), AGED 17 YEARS S/O.SURENDRAN, THENGATH KALATHIL, PONNANI MALAPPURAM DISTRICT-679577. REPRENTED BY FATHER SURENDRAN, THENGHA KALATHIL, PONNANI MALAPPURAM DISTRICT-679577.

2. SUB INSPECTOR OF POLICE PONNANI POLICE STATION PONNANI, MALAPPURAM DISTRICT THROUGH STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, COCHIN-31.

R1 BY ADV. SRI.K.R.AVINASH (KUNNATH) R1 BY ADV. SRI.ABDUL RAOOF PALLIPATH R 2 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 3832 of 2015 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE-1 THE COPY OF THE ORDER IN CRMP 1023/2010 LA 2/2015 KESCPCR PASSED BY THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS ON 10/03/2015 ANNEXURE-2 THE COPY OF THE COMMUNICATION LETTER SENT BY THE PETITIONER TO FATHER OF RESPONDENT NO.1 ANNEXURE-3 THE COPY OF THE ADMISSION TICKET ANNEXURE-4 THE COPY OF THE REQUEST LETTER ISSUED BY SUB INSPECTOR OF POLICE,PONNANI DATED 10/3/2015 ANNEXURE-5 THE COPY OF THE STATEMENT BEFORE COMMISSION FOR PROTECTION OF CHILD RIGHT TRIVANDRUM IN CRMP NO.1023/2010 LA 2/2015KESCPCR ON 28/5/2015 ANNEXURE-6 THE COPY OF THE FIR IN CRIME NO.609/2015 REGISTERED BY PONNANI POLICE STATION MALAPPURAM ON 18/05/20915 ANNEXURE-7 THE COPY OF THE LETTER SENT BY SMT.KAVITHA SANKAR MEMBER OF CHILD WELFARE COMMITTEE,MALAPPURAM DATED 10/3/2015 ANNEXURE-8 THE COPY OF THE COMPLAINT FILED BY THE RESPONDENT NO.1 BEFORE JUVENILE JUSTICE BOARD DATED ON 20.05.2015 RESPONDENTS' EXHIBITS -------------------------------------- NIL TRUE COPY P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C. No.3832 of 2015 --------------------------------------- Dated this the 11th day of September, 2015

O R D E R

A baseless prosecution under Section 23 of the Juvenile Justice (Care and Protection of Children) Act is sought to be quashed. It is not known how expulsion of a student from school for proper reasons including involvement in a case under The Narcotic Drugs and Psychotropic Substances Act (NDPS Act) will come under Section 23 of the Juvenile Justice Act. Any way, there is police report that on investigation the police found that the complaint is false, and that steps are being taken to submit final report referring the crime. The learned Public Prosecutor now submits that the police will not proceed in the matter, and that the crime stands referred. The said report, and the submission made by the learned Public Prosecutor are recorded, and this Crl.M.C. is closed.

Sd/- P. UBAID, JUDGE sd