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| HC quashed FIR against Asst Prof who was booked under abetment to suicide case | | | Early Times Report
Jammu, Aug 22: Justice Rahul Bharti of Jammu & Kashmir and Ladakh High Court quashed the FIR registered against Rajnesh Sharma who was booked by the police in abetment to suicide case of student.
The petitioner is an Assistant Professor (Political Science) posted in the Government Degree College (in short, “GDC”), Kathua. The petitioner’s posting as an Assistant Professor (Political Science) in GDC, Kathua dates back to 17.07.2017 and is also said to be the Head of the Political Science Department of the GDC, Kathua. One of 1st semester students of GDC, Kathua, namely, Sanjay Kumar S/o Bodh Raj R/o Baghe Chak, tehsil & district Kathua committed suicide on 23.03.2022 at his home. By reference to a purported suicide note said to have been penned down by said Sanjay Kumar in his own handwriting, an FIR no. 110/2022 for alleged commission of offence under section 306 of the Indian Penal Code, 1860 came to be registered by the Police Station, Kathua, therein naming the petitioner, as an accused, resulting in his arrest and consequent suspension from service as well.
Justice Rahul Bharti after hearing both the sides observed that, this Court comes across with a salient aspect that the registration of the FIR on the basis of the said suicide note is actually not accompanied with a complaint by a family member of the deceased Sanjay Kumar that prior to committing suicide by him, deceased Sanjay Kumar had shared his distress against the petitioner for purported acts of omission and commission at the end of the petitioner which lead Sanjay Kumar to end his life by committing suicide. This points out to the fact that even the family members of the deceased Sanjay Kumar were caught unaware about the mind-state of the deceased Sanjay Kumar. Just because Sanjay Kumar left a suicide note bearing a reference to the petitioner cannot mean that the petitioner is to be left to suffer self-condemnation for all time to come by finding himself implicated in a criminal case originating on the basis of FIR in question.
High Court further observed that if this Court were to test the soundness of the registration of the FIR against the petitioner by purported suicide note of the deceased Sanjay Kumar fingering towards the petitioner as a teacher making the deceased Sanjay Kumar to end his life for unstated/unspelled act of omission or commission on the part of the petitioner, then by the same run of logic if the present petitioner, being frustrated by the fact of registration of FIR against him and his consequent suspension from the service and purported disrepute brought upon him by his implication in the FIR, were to end his life then would that act of suicide on the part of the petitioner should result in booking of the Police, the College Administration or for that matter the family of the deceased Sanjay Kumar in alleged commission of offence under section 306 of the Indian Penal Code, 1860. The answer would be a big —No”. Therefore, by the same logic, the petitioner cannot be held responsible for the suicide committed by his student deceased Sanjay Kumar so as to get booked under section 306 of the Indian Penal Code, 1860.
Thus, this Court finds it is a fit case wherein the jurisdiction under section 482 of the Code of Criminal Procedure, 1973 ought to be exercised to quash the FIR No. 110/2022. Accordingly, this Court holds FIR No. 110/2022 registered by the Police Station, Kathua against the petitioner as an abuse of process of law without having any basis to book the petitioner for alleged commission of offence under section 306 of the Indian Penal Code, 1860 and, therefore, quashes the same. JNF |
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