Prayer to quash the STC
Criminal Original Petition has been filed under Section 482 ofCr.P.C., to call for the records in S.T.C.No.3024 of 2024 on the file of Judicial Magistrate No.III at Puducherry and quash the same.
Prosecution case is the petitioner has assaulted the complainant’s son with a neem stick
The complaint by the mother alleging that the petitioner/karate master assaulted the complainant’s son with a neem stick was investigated by the respondent police and taken up for trial by the Judicial Magistrate for the offences under Sections 324, 506(i) IPC and 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.
Petitioner submitted that case was foisted
2. The learned counsel appearing for the petitioner submitted that the son of the defacto complainant, who is 14 years old, was regularly watching karate training given to girl students and making lewd comments that was opposed by the petitioner herein and therefore, a false complaint alleging that he assaulted the juvenile with the neem stick been foisted.
On perusing the records it seems there was no injury on the boy and the boy’s statement itself revealed that he was reprimanded by the petitioner for watching the girls karate training.
4. Records relied on by the prosecution have been scrutinized. It appears that Mr.Sanjay, 9 th standard student of Kanal K.Ramakrishnan Government High School, Thengaithittu, was attacked with the neem stick by the petitioner on 04.03.2022. The complaint was given after one month (i.e.) on 05.04.2022. In the course of investigation, the police has recovered two feet length neem stick, which alleged to have been used to attack the boy. No evidence collected to indicate that there was an injury to the boy. The mother, who is the defacto complainant, given a statement reiterating her compliant. The statement of the injured boy reveals that he was reprimanded by the petitioner for watching the girls getting karate training. He was asked to make a complaint against the accused to revenge his arrogant attitude.
Court convinced that the accused reprimanded the boy (victim) for watching the training grils and making comments
5. Therefore, this Court is of the view that there is an element of truth in the statement of the accused that the boy is reprimanded for watching the training girls and making comments. The son of the defacto complainant is one of the students in which the petitioner is working. There is also a document in the nature of letter addressed to the Child Welfare Committee by Parent Teacher Association giving clean chit to the petitioner. Though the said letter may not be much relevance, the documents relied on by the prosecution on the whole also does not make out serious offence to attract Section 323 of I.P.C. Since there is no medical evidence to prove hurt, the Petition to quash the case in S.T.C.No.3024 of 2024 on the file of the Judicial Magistrate No.III, Puducherry, is allowed.
Party
M.Selvamanikandan @ Selvamani .. Petitioner /versus/ 1.The State of Puducherry, Rep.by Inspector of Police, Mudaliyarpet Police Station, Puducherry. 2.Velankanni .. Respondents – Crl.O.P.No.10930 of 2024 and Crl.M.P.No.7469 of 2024 – 03.06.2024 CORAM: THE HONOURABLE DR JUSTICE G.JAYACHANDRAN.
https://mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1132495
M.Selvamanikandan @ Selvamani vs. The State of Puducherry downloaded
