Jammu, Aug 22: Justice Rahul Bharti quashed FIR registered against Assistant Professor, being posted in the Government Degree College, Kathua who was booked by the police in abetment to suicide case of student.
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 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.
Court added that 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.
|