JJ ACT

Querist : Anonymous (Querist) 05 March 2010 This query is : Resolved
It has been brought to the notice of the public that a teacher has punished the students of III standard very brutally. the children were asked to draw picture on the floor of the class with their tongue. Now the problem is who is to file a case against the teacher and the school. Is it CWC to file case and for violation of which act and section? Police says that it is CWC to take case.Whether it is punishable under sec.23 or under which Act and Provisions?

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Querist : Anonymous (Querist) 05 March 2010
I feel that the CWC can file a case before the Magistrate.

Raj Kumar Makkad (Expert) 05 March 2010
As per provisions of Criminal Procedure Code any person conversant with the fact of initiation of the crime can lodge FIR may it be CWC, parents, students, companion teachers or any other person.

If police is refusing to take action or lodging FIR just in the name of proper person loding FIR then file criminal complaint before Ilaka magistrate under section 200 Cr. P. C. and move an application under section 156 (3) Cr. P. C. therein praying to send the complaint to the concerned police station for investigation and lodging FIR.