V.M.Aliyar vs State Of Kerala
2023 Latest Caselaw 1458 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                    CRL.MC NO. 3230 OF 2020
         AGAINST THE ORDER/JUDGMENT IN CC 639/2016 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS ,PERUMBAVOOR


PETITIONER:

          V.M.ALIYAR
          AGED 71 YEARS, S/O.LATE MR. MEERAN,
          VADAKKEKUDY HOUSE,
          RAYONPURAM P O, CHELAMATTOM VILLAGE,
          ERNAKULAM DISTRICT, PIN-683543.

          BY ADVS.
          SHAJI CHIRAYATH
          SMT.JIJI M. VARKEY
          SMT.SAVITHA GANAPATHIYATAN
          SRI.M.M.SHAJAHAN
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN-682031.

    2     SUB INSPECTOR OF POLICE,
          PERUMBAVOOR POLICE STATION,
          PERUMBAVOOR P O, ERNAKULAM DISTRICT, PIN-683542.

    3     ASSISTANT LABOUR OFFICER,
          PERUMBAVOOR, ERNAKULAM RURAL,
          PERUMBAVOOR P O, ERNAKULAM DISTRICT, PIN-683542.

    4     ADDL. R4. KHURSHID ALAM,
          AGED 18 YEARS, SON OF MR. SHAMSUL MANDAL,
          RAJAPUR(P.O), MUSHIDABAD DISTRICT
          WEST BENGAL PIN-742306

          SRI.P.G.MANU SR.P.P

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.01.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.M.C.No. 3230/2020

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                             ORDER

Dated this the 20th day of January, 2023

This Crl.M.C. has been filed to quash all further

proceedings in C.C.No.639/2016 on the files of the Judicial

First Class Magistrate Court-I, Perumbavoor (for short, 'the

court below').

2. The petitioner is the accused. The offences

alleged against the petitioner are punishable under Section

370 of the Indian Penal Code and Section 26 of the Juvenile

Justice Act, 2000.

3. The prosecution case, in short, is that the

petitioner has employed a minor victim boy, who has been

impleaded as additional 4th respondent, at his company in an

unclean environment and thereby committed the offence.

4. I have heard Sri.Shaji Chirayath, the learned

counsel for the petitioner and Sri.P.G.Manu, the learned

Senior Public Prosecutor. Notice to the additional 4 th

respondent is dispensed with.

5. The learned counsel for the petitioner submitted Crl.M.C.No. 3230/2020

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that even if the entire allegations in the final report are

believed in its entirety, no offence under Section 370 of the

Indian Penal Code or Section 26 of Juvenile Justice Act, 2000

is made out.

6. The crime was registered on the basis of the

report of Assistant Labour Officer, Perumbavoor. Annexure

A1/6 is the said report. The report would show that, on

inspection of the company of the petitioner, he found that

the minor victim was employed there. In order to attract

Section 370 of IPC, it is necessary that the accused should

recruit, transport, harbour, transfer, or receive, a person or

persons for the purpose of exploitation, by using threat, or

using force, or any other form of coercion, or by abduction,

or by practising fraud, or deception, or by abuse of power, or

by inducement, including the giving or receiving of payments

or benefits. There is absolutely no case for the prosecution

that, the accused recruited, transported, harboured,

transferred or received the victim by using threat, force, or

any other form of coercion, or by abduction, or by practising Crl.M.C.No. 3230/2020

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fraud, or deception, or by abuse of power, or by inducement,

including the giving or receiving of payments or benefits. In

order to attract Section 26 of Juvenile Justice Act, 2000, it is

necessary that the juvenile or the child should be kept by

the accused in bondage for the purpose of any hazardous

employment, and the employer also should withhold his

earnings. There is also no such case for the prosecution.

That apart, the statement of the victim was not recorded.

There are no materials to attract either the offence under

Section 370 of the Indian Penal Code or Section 26 of

Juvenile Justice Act, 2000.

Hence, I am of the view that no purpose will be served

in proceeding further with the matter. Accordingly, all further

proceedings in C.C.No.639/2016 on the files of the Judicial

First Class Magistrate Court-I, Perumbavoor hereby stands

quashed. The Crl.M.C. is allowed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA Crl.M.C.No. 3230/2020

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APPENDIX OF CRL.MC 3230/2020

PETITIONER'S ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF THE IN FIRST INFORMATION REPORT IN CRIME NO. 137 OF 2016 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT(1), PERUMBAVOOR. ANNEXURE AII COPY OF THE OP TICKET ISSUED BY THE TALUK HEADQUARTER HOSPITAL.

ANNEXURE AIII CERTIFIED COPY OF THE CHARGE/FINAL REPORT IN CALENDAR CASE NO.639/2016 OF THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT(I), PERUMBAVOOR.