- 1 - HC-KAR NC: 2026:KHC-D:717 CRL.P No. 104857 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104857 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI RAHUL KUMAR SA AGE. 38 YEARS, OCC. BUSINESS, OWNER OF R.K. SWEETS R/AT: WARD NO.67, PLOT NO.5, 1ST CROSS, BASAVNAGAR, NEW GABBUR, HUBBALLI, DIST. DHARWAD-580003. …PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY THE SENIOR LABOUR INSPECTOR, HUBBALLI, NOW REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, PRAYING TO QUASH COGNIZANCE DATED 19/08/2025 AND FURTHER PROCEEDING IN C.C. NO.8808 OF 2025 PENDING BEFORE THE COURT OF 3RD ADDL. CIVIL JUDGE AND JMFC, AT HUBBALLI AGAINST ACCUSED / PETITIONER FOR THE OFFENCE PUNISHABLE U/SEC 14(3)(D) CHILD LABOUR ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.01.27 12:58:59 +0530 - 2 - HC-KAR NC: 2026:KHC-D:717 CRL.P No. 104857 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Gourishankar H. Mot, learned counsel for the petitioner and Smt.Kirtilata R. Patil, learned High Court Government Pleader for the respondent/State. 2. Petitioner is the employer who is said to have employed a 16 year old boy (victim) as a helper, in his sweet mart shop. 3. A complaint came to be filed alleging the commission of the offence under Section 14(3)(d) of the Child Labour (Prohibition and Regulation) Act, taking note of the age of the boy. 4. The registration of the case in view of the filing of the private complaint by the respondent is called in question, in this petition. 5. Learned counsel for the petitioner would contend that the boy who has been rescued from the sweet mart shop of the petitioner is admittedly aged about 16 years and he was not - 3 - HC-KAR NC: 2026:KHC-D:717 CRL.P No. 104857 of 2025 indulged in any hazardous activities and therefore, no ingredients are attracted for the offence punishable under Section 14(3)(d) of the Child Labour (Prohibition and Regulation) Act and thus, sought for quashing the pending proceedings. 6. Per contra, learned High Court Government Pleader for the respondent/State would contend that prima facie materials on record would go to show that the victim boy is a child in the meaning of the Child Labour (Prohibition and Regulation) Act and therefore, proceedings have to continue. 7. Having heard the arguments of both sides, this Court, in order to appreciate the rival contentions of the parties, is desirous to cull out Sections 9, 11 and 14(3)(d) of the Child Labour (Prohibition and Regulation) Act, which reads as under: “9. Notice to Inspector.—(1) Every occupier in relation to an establishment in which a [adolescent] was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:— - 4 - HC-KAR NC: 2026:KHC-D:717 CRL.P No. 104857 of 2025 (a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, who employs, or permits to work, any [adolescent] after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1). Explanation.—For the purposes of sub-sections (1) and (2), “date of commencement of this Act, in relation to an establishment” means the date of bringing into force of this Act in relation to such establishment. (3) Nothing in Sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. 11. Maintenance of register.—There shall be maintained by every occupier in respect of - 5 - HC-KAR NC: 2026:KHC-D:717 CRL.P No. 104857 of 2025 [adolescent] employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing— (a) the name and date of birth of every [adolescent] so employed or permitted to work; (b) hours and periods of work of any such [adolescent] and the intervals of rest to which he is entitled; (c) the nature of work of any such [adolescent]; and (d) such other particulars as may be prescribed. “14. “14. Penalties.—[(1) Whoever employs any child or permits any child to work in contravention of the provisions of Section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of Section 3.] [(1-A) Whoever employs any adolescent or permits any adolescent to work in contravention of the - 6 - HC-KAR NC: 2026:KHC-D:717 CRL.P No. 104857 of 2025 provisions of Section 3-A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of Section 3-A] (1-B) Notwithstanding anything contained in sub- sections (1) and (1-A) the parents or guardians of any child or adolescent referred to in Section 3 or Section 3-A, shall not be liable for punishment, in case of the first offence.] [(2) Whoever, having been convicted of an offence under Section 3 or Section 3-A commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years.] [(2-A) Notwithstanding anything contained in sub- section (2), the parents or guardian having been convicted of an offence under Section 3 or Section 3- A, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees. - 7 - HC-KAR NC: 2026:KHC-D:717 CRL.P No. 104857 of 2025 (3) Whoever— [* * *] (d) fails to comply with or contravenes any other provisions of this Act or the rules made there under, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both.” 8. On close reading of the above, it is crystal clear that the boy was not involved in any hazardous activities and only deficiency noticed is not maintaining proper register. As such, continuation of the criminal proceedings is only a futile exercise. 9. Hence, following: ORDER i. Criminal petition is allowed. ii. Pending proceedings in CC No.8808/2025 pending on the file of Principal Civil Judge and JMFC, Hubballi, Dharwad is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE KAV CT-CMU/LIST NO.: 2 SL NO.: 64