NARAYAN BESRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant petitions under Sec. 482 Cr.P.C. are at the behest of the petitioners for quashment of the criminal proceeding in connection with G.R.Case No.178 of 2015 pending in the file of learned JMFC, Barpali on the grounds inter alia that the same is not tenable in law, inasmuch as, no prima facie case is made out against them vis-a-vis the alleged offences.

(2.) The petitioner in CRLMC No. 1447 of 2016 is the Headmaster of school, whereas, the other petitioners in CRLMC No. 2703 of 2016 are the teacher and the other staff of the school in question except petitioner No.5, who is an outsider. Since the petitioners have been chargesheeted in G.R. Case No. 178 of 2015 with a common allegation, so therefore, the petitions have been clubbed together for disposal by the following order.

(3.) In fact, an F.I.R. was lodged by opposite party No.6 alleging therein about the incident dated 3rd, 4th and 6/8/2015 during and in course of which the informant's deceased husband who was also the Headmaster of the said school was allegedly detained, abused and humiliated by the petitioners in the immediate presence of the students which is with regard to the occurrences dated 3rd and 4/8/2015 accusing him of misappropriating the school fund. The details of the allegations so made by opposite party No.6, the wife of the deceased stand described in the F.I.R. as at Annnexure-2. It has been alleged therein by opposite party No.6 that after the aforesaid incidents, the deceased husband lost his mental balance and committed suicide due to the mental and physical torture he was subjected to in the hands of the petitioners. On receipt of such report, Barpali P.S. Case No. 179 dtd. 7/8/2015 was registered and investigation was commenced which finally resulted in submission of the chargesheet under Ss. 223, 294 and 306 read with 34 IPC. Later to the submission of the chargesheet the learned court below took cognizance of the alleged offences in connection with G.R. Case No. 178 of 2015 vide Annexure-1 and summoned the petitioners. The taking of cognizance of the offences by the learned court below and the entire criminal proceeding is currently under challenge by the petitioners predominantly on the ground that no prima facie case is proved and established against them and more particularly, the offence under Sec. 306 IPC allegedly for having abetted the commission of suicide by the deceased.