IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 960 of 2011() ----------------------------- (CRIME NO.920/2011 ERNAKULAM CENTRAL POLICE STATION) ........ PETITIONER(S): ACCUSED ------------------------------- K.K.VINAYAN, SON OF K.K.KRISHNAN, AGED 50 YEARS, RESIDING AT KOLLASERY HOUSE, VELLANI.P.O., THRISSUR DISTRICT. BY ADV. SRI.V.JOHN MANI RESPONDENT(S): COMPLAINANT -------------------------------------- 1. NISHA JOSEPH,WIFE OFJOSEPH, KATTUPALATHU HOUSE, KURIKKADU VILLAGE, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.960 of 2011 -------------------------------------- Dated this the 24th day of March, 2011. ORDER This petition is filed by the accused in Crime No.920 of 2011 of Ernakulam Central Police Station for offence punishable under Section 26 of the Juvenile Justice (Care and Protection) Act (for short, “the Act”). Case is that two juvenile aged 15 and 17 years were employed by the petitioner in his restaurant and thus he committed offence punishable under Section 26 of the Act. Contention of petitioner is that Section 26 of the Act applies only when the child is put to hazardous employment. According to the petitioner allegations do not constitute any offence as alleged. 2. After arguing the matter for some time learned counsel sought permission to withdraw this petition without prejudice to the right of petitioner to defend the case on appropriate grounds before the trial court. I have heard learned Public Prosecutor also. 3. Having regard to the circumstances I am inclined to allow the request. Crl.MC No.960/2011 2 Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take all defences available before the trial court. THOMAS P.JOSEPH, Judge. cks