Geetha Manoharan v. State of Kerala and others

## **(C.R)** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941** **Crl.MC.No.6493 OF 2019(B)** **CRIME NO.832/2019 OF Kannur Town , Kannur** ## **PETITIONER/S:** **GEETHA MANOHARAN, AGED 53 YEARS NITYA NIVAS, KADAMBERI, KANUL P.O.PIN-670 562, KANNUR DISTRICT.** **BY ADVS. SHRI.B.G.HARINDRANATH SRI.SANTHOSH MATHEW** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF**| ||**KERALA, ERNAKULAM-620031.**| |**2**|**THE SUB-INSPECTOR OF POLICE,**| ||**TOWN POLICE STATION, KANNUR-695 001.**| |**3**|**ANUSREE.M.P,**| ||**D/O SUNIL KUMAR, MANDABETH HOUSE (H), KOLAMKADA,**| ||**VALAPATTANAM P.O.CHIRAKKAL, KANNUR, PIN-670 010.**| ## **OTHER PRESENT:** ## **SRI.E.C.BINEESH, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 0711-2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **ALEXANDER THOMAS, J.** ================== Crl.M.C.No. 6493 of 2019 ================== Dated this the 7[th] day of November, 2019 **O R D E R** The petitioner herein has been arrayed as the sole accused in the instant Crime No.832/2019 of Kannur Town Police Station, which has been registered for offence punishable under Sec. 323 of the I.P.C. The lady defacto complainant in this case is the 3[rd] respondent herein, who is a student in the college concerned for M.Com. II Year batch, wherein the petitioner herein is working as principal. On 3.7.2019 the 3[rd] respondent had lodged a statement before the Kannur Town Police alleging the petitioner herein, who is the head of the Department of Commerce, Chinmaya Mission College, Thalap, Kannur, where the 3[rd] respondent is studying for M.Com., has raised her voice, while several other teachers and students were present and shouted the following words: _“Have I not got right to question you, am I not your tutor, why should Seema ask anything”._ Further that the petitioner has taken the 3[rd] respondent to the library and in the presence of the librarian, Seema, shouted at Seema as well. According to the 3[rd] respondent, on account of this, she has suffered mental agony and she was admitted to Government hospital and has examined by a doctor. The 2[nd] respondent Sub Inspector Police, Town Crl.M.C.6493/19 - : 3 :- Police Station then filed a petition before the Judicial First Class Magistrate's Court, Kannur, seeking permission to register crime in terms of Sec. 155(2) of the Cr.P.C., as the alleged offence of Sec. 323 of the I.P.C. is a non cognizable offence. It appears that, based on the permission granted by the learned Magistrate, the SHO has registered the impugned Anx.3 Crime No. 832/2019 of Kannur Town Police Station, where the offence alleged is one punishable as per Sec. 323 of the I.P.C. and the petitioner has been arrayed as the sole accused therein for the said offence. 2. Heard Sri.B.G.Harindranath, learned counsel appearing for the petitioner accused and Sri.E.C.Bineesh, learned Prosecutor appearing for respondents 1 & 2. Though notice has been duly served on R-3 by special messenger, there is no appearance for that party. 3. The main allegation raised by the 3[rd] respondent in Anx.1 petition filed before the SHO concerned, which later led to the registration of the crime, is as follows: "....ഞഞാൻ അവവിടടെ എതവിയപപഞാൾ ഗഗീതഞാ പമമേം എപനഞാട shout ടചെയയ്ത് ടകഞാണണ്ട് നവിടന പചെഞാദദമേം ടചെയഞാനനുള അവകഞാശമവിപലല്ലേ , ഞഞാൻ നവിനടന്റെ ടെദട്യൂട്ടന്റെപലല്ലേ, സഗീമടക്കെനഞാ തപനഞാട പചെഞാദവിപക്കെണ ആവവിശദമേം ടമനഞാ എടനടക്കെ പന്റെഞനു shout ടചെയയ്ത് പന്റെഞനു .....” Admittedly there are no allegations therein that the petitioner has in any manner physically hurt the 3[rd] respondent. Crl.M.C.6493/19 - : 4 :- ## 4. Sec. 319 of the I.P.C. defines hurt as follows: _**“Sec.319: Hurt.-** Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt._ Sec. 95 of the I.P.C. deals with act causing slight harm, which provides as follows: _**“Sec. 95: Act causing slight harm.-** Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.”_ 5. Indisputably, the abovesaid allegations raised in Anx. 1 cannot be said to constitute the vital ingredients of the elementary definition of “ _hurt_ ” as conceived in Sec. 319 of the I.P.C. Even assuming that any slight harm has been caused, it has to be borne in mind that the petitioner is the teacher of the 3[rd] respondent and it has been specifically provided by the Legislature as per Sec.95 of the I.P.C. that nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. 6. It is by now well settled by a series of rulings of the Apex Court as in _**Veeda Menesez v. Yusuf Khan Haji Ibrahim Khan**_ _**& Anr.**_ [AIR 1966 SC 1773 = 1996 KHC 702] that Sec. 95 if the I.P.C. Crl.M.C.6493/19 - : 5 :- of the applies if the act causes harm or is intended to causes harm, or is known to be likely to cause harm, provided the harm is so slight that no person or ordinary sense and temper would complain of such harm. That apart, it is also now well settled by a series of rulings as in _**Abdul Vaheed v. State of Kerala**_ [2005(2) KLT 72], _**M. Natesan v. State of Madras**_ [AIR 1962 (Mad) 216], _**Ganesh Chandra Saha v. Jiw Raj Somani**_ [AIR 1965 Cal.32], _**Rajan @ Raju v. Sub Inspector of Police**_ [2019 (1) KLT 119] etc. It is well established that, a teacher who in the course of imparting education beats a student bona fide to maintain discipline, then such a teacher is given an implied consent by the parent to discipline the pupil for the welfare of the pupil and it flows from the well known common law principle of ‘Loco parentis’ and in such a case it cannot be said that the teacher has committed an offence as per the Indian Penal Code. Of course, those aspects of the matter may be more relevant in a case where the student is a minor studying in an school, etc. In the instant case, there are no allegations that the petitioner has caused even any slight physical hurt to the 3[rd] respondent, except that the petitioner teacher has raised her voice and scolded her in front of other students and teachers and the petitioner is the head of the Department of the Crl.M.C.6493/19 - : 6 :- college, where the 3[rd] respondent studying for II Year Post Graduation in commerce course. Evidently, it appears that the 3[rd] respondent is over sensitive to the reprimand that she is said to have suffered at the hands of the petitioner, who is her teacher and head of the Department. It is not known as to why the 1[st] respondent SHO has gone to the extent of approaching the learned Magistrate for seeking permission to register a crime in a case like this, where admittedly none of the ingredients of Sec. 323 of the I.P.C. or that as per Sec. 319 of the I.P.C. (hurt) has been fulfilled as no physical hurt has been caused in the process. In the light of above aspects, it is only to be held that the registration of the instant crime and the continuance of the impugned criminal proceedings is nothing but a grave abuse of the process of the court and it warrants interdiction at the hands of this Court in exercise of the extraordinary discretionary powers conferred under Sec. 482 of the Cr.P.C. In that view of the matter, it is ordered that the impugned Anx. 3 FIR in Crime No. 832/2019 of Kannur Town Police Station, wherein the petitioner has been arrayed as the sole accused and all further proceedings emanating therefrom against the petitioner accused will stand quashed. The petitioner will produce certified copies of the order Judicial Crl.M.C.6493/19 - : 7 :- First Class Magistrate's Court-I, Kannur, who is dealing with the instant crime as well as the investigating officer concerned for necessary information. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. sdk+ Sd/- **ALEXANDER THOMAS, JUDGE** Crl.M.C.6493/19 - : 8 :- ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **ANNEXURE 1 TRUE COPY OF THE STATEMENT DATED 3.7.2019 GIVEN BY THE THIRD RESPONDENT BEFORE THE KANNUR TOWN POLICE STATION** - **ANNEXURE 2 TRUE COPY OF THE PROCEEDINGS DATED 19.7.2019 OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS KANNUR.** - **ANNEXURE 3 CERTIFIED COPY OF THE F.I.R IN CRIME NO 0832 OF THE KANNUR TOWN POLICE STATION**