A Head Mistress sought quashing of SC/ST atrocities trial proceedings arising from a teacher instructing a boy to clean a toilet after use, which was given communal colour. The Court held she had no overt act or intent to insult and quashed the proceedings.
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Crl.O.P.No.3333 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No. 3333 of 2024 and Crl.M.P.Nos.2452 and 2453 of 2024
M.Jayanthi ... Petitioner Vs.
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records and quash the proceedings pending in Spl.S.C.No.143 of 2023 on the file of the learned Special Judge for Trial of Cases under SC and ST (POA) Act, Coimbatore.
For Petitioner : Mr.Swamisubramanian For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) for R1 and R2 No appearance for R3
Crl.O.P.No.3333 of 2024
O R D E R
The petitioner herein is the Head Mistress of the School in which the son of the complainant is pursuing 3 rd standard. The complainant's son had used the School toilet, but not cleaned it properly and the School teacher has asked him to clean the toilet basin. The complainant is aggrieved on hearing that the teacher has advised her son to clean the toilet properly after his use and insulted the boy because of his community.
2. The statement of witnesses and the complainant, particularly the
statement of the boy would reveal that the class teacher has taught the boy how to use the toilet and keep it clean after its use. This has given a communal colour for prosecuting the class teacher as well the Head Mistress, who is nothing to do with the alleged complaint. The present petition filed by the Head Mistress that she has no intention to insult the son of the complainant nor she had committed any overt act to attract Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 or 3(1)(r) of SC/ST (Prevention of Atrocities) Act, 1989.
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3. When the quash petition filed by the class teacher came up for consideration before this Court, on considering the final report, this Court quashed the complaint on the ground that giving training to a young boy to clean the toilet after he use it cannot be considered as an act of insult committed wantonly to a member of the schedule caste. From the statement of witnesses it is clear that the petitioner is not even involved in the alleged incident and for being the head of the institution, she has been arrayed as one of the accused.
4. As a the result, this Criminal Original Petition is allowed and the proceedings pending in Spl.S.C.No.143 of 2023 on the file of the learned Special Judge for Trial of Cases under SC and ST (POA) Act, Coimbatore is quashed. Consequently, connected miscellaneous petitions are closed.
25.10.2024
Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ms
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Crl.O.P.No.3333 of 2024
To
Coimbatore.
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Dr.G.JAYACHANDRAN, J.
ms
Crl.O.P.No.3333 of 2024
25.10.2024
1 issue framed by the court
Whether proceedings against the Head Mistress under SC/ST (Prevention of Atrocities) Act and JJ Act could be quashed when she was not involved in any alleged insult.
3 provisions across 3 enactments
M.Jayanthi
The State represented by Deputy Superintendent of Police, Perur Sub-Division, Coimbatore District
Inspector of Police, Alandurai Police Station, Coimbatore District, Crime No.62 of 2022
V.Shylaja
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
