Panaji: The Bombay high court has quashed the FIR, chargesheet and proceedings pending before the Goa children’s court against the former headmistress of a Sanguem school accused of repeatedly slapping a Class VI student last year, holding that police had no jurisdiction to register the FIR in the absence of grievous injury.Justice Ashwin Bhobe directed the Sanguem police station officer-in-charge to transfer, within four weeks, the complaint filed by the boy’s mother to the competent authority under the Goa Children’s Act — the secretary in charge of the women and child development department.The court said that considering the nature of the alleged corporal punishment and in the absence of serious or grievous injury to the student, Sanguem police could not have registered an FIR or filed a chargesheet before the children’s court.The 52-year-old former headmistress and teacher had approached HC challenging the FIR, contending that police failed to comply with Section 14 of the Goa Children’s Act. Her counsel, K Poulekar, said that when a complaint alleging corporal punishment is received, police are required to refer it to the competent authority specified under the Act. He said that the breach vitiated the FIR and subsequent criminal proceedings.Additional public prosecutor S Karpe submitted that the complaint ought to be referred to the competent authority under Sections 4(12) and 4(15), read with Section 30(3), of the Act, and said Sanguem police would forward it accordingly.Advocate Chirag Angle, appearing for the complainant, opposed the plea and said the complaint was rightly treated as an FIR as it disclosed a cognisable offence. He said that cases involving assault causing grievous or serious injuries to a child should not be sent to the competent authority, as it would allow an accused to take shelter under the provisions of the Act.The boy’s mother had lodged the complaint in Sept last year, alleging that the headmistress slapped her son several times on the face to correct his conduct and behaviour. Police had also obtained CCTV footage of the incident. The case was at the stage of arguments before charge before the Goa children’s court.
