V. SUJATHA BAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) s petition has been filed to quash the charge sheet in P.R.C.No.ll of 2017 on the file of the learned Judicial Magistrate, Ambattur against the petitioner/2nd accused for the offence punishable under Sec. 305 of I.P.C.

(2.) The crux of the prosecution case is that the deceased Divya aged about 18 years was studying in the college known as Vel Tech. The present petitioner/A2 was working in the above college as Assistant Professor and Al was working as Computer Operator and also working as Warden. Both of them were stayed in the same hostel. On 18/3/2014 at about 7.00 p.m. during study hours when using of cellphones were prohibited, Al found the deceased speaking over cellphone outside the hostel. Immediately Al received the cell phone from the deceased and removed the sim card and did not hand over the cellphone to the student, informed that she will handover the same to the Chief Warden viz., A2. Thereafter, Al handed over the cell phone to A2. On seeing some obsene messages exchanged by the deceased A2 the Petitioner herein appears to have stated the following words: vernacular matter The deceased thereafter committed suicide in the hostel on 19/3/2014.

(3.) The learned Senior Counsel appearing for the Petitioner vehemently contended that it is a unfortunate incident where the student has committed suicide on her own, particularly when she was found using the cell phone during prohibited hours. As the warden found some obscene messages in the cell phone the deceased has committed suicide. Therefore, it is his contention that due to the unrest among the students the case has been foisted against the petitioner who has arrayed as 2nd Accused and the other accused Al is not before this Court.