AMBIKA S. NAGAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) On 24.9.2012 at about 4.25 p.m., after receiving a telephonic call in Police Post, Sanjauli, that near Nav Bahar at Kala Dhaank (Cliff), adjacent to Durga Gas Agency, two school girls had fallen, Assistant Sub Inspector, Incharge Police Chowki, rushed to the spot alongwith Police officials and found blood spread on the spot as by that time both the girls had been taken to Indira Gandhi Medical College & Hospital, Shimla (IGMC). On arriving at IGMC, it came to knowledge of the police that the girls had been declared dead.

(2.) On 28.9.2012, on the basis of complaint received from parents/guardians of 12 years old deceased girls, FIR No.164/2012 dated 30.9.2012 was registered, under Section 306 of the Indian Penal Code (for short 'IPC'), against the Mathematics Teacher (Petitioner) and Principal of the School, for abetting the girls to commit suicide.

(3.) After completion of investigation, as per Challan presented in the Court, no case under Section 306 IPC against the Principal as well as the petitioner was made out. However, it was concluded by the Investigating Officer that there was evidence on record that Class Teacher (petitioner) had slapped deceased girls (two slaps to each deceased girl) and, thus, she had committed an offence under Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 2000 Act) and Section 323 IPC, for causing unnecessary mental and physical suffering to girls by assault. Challan was presented before the concerned Magistrate, wherein, at the time of consideration of charge, Judicial Magistrate 1st Class (for short 'JMIC') has passed impugned order dated 20.6.2018, concluding that prima facie a case under Section 23 of 2000 Act and Section 323 IPC is made out against the accused (petitioner), but instead of putting Notice of Accusation or framing charge, the JMIC has come to the conclusion that the jurisdiction to deal with the matter under Section 23 of 2000 Act is with Juvenile Justice Board (for short 'Board') and, therefore, the JMIC has directed the petitioner to appear before the Board on date mentioned in order.