LAWS(RAJ)-2019-4-15

GEO VARGHESE Vs. STATE OF RAJASTHAN

Decided On April 30, 2019
Geo Varghese Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Petitioner has preferred this Criminal Misc. Petition for quashing of FIR No.162/2018, registered at Police Station, Sodala, Jaipur City (South) for the offence under Section 306 of IPC.

(2.) It is contended by counsel for the petitioner that an FIR came to be lodged on 02.05.2018 alleging that the deceased committed suicide on the night of 25.04.2018. He was under severe mental stress because of misbehaviour and ill-treatment by the petitioner. It is contended that petitioner was taking P.T. class from class 1st to Vth standard and was also incharge to maintain the discipline of the school. It is contended that the deceased was a student of class 9 th. He used to bunk classes. He was warned by the school staff not to do so. He bunked the class on 19.04.2018 and again on 25.04.2018. The officials of the school informed his parents to come to the school on 26.04.2018 at 9.00 am. Deceased on 25.04.2018 committed suicide. It is argued that there was no abatement of the offence. It is also argued that the offence does not fall within the purview of Section 107 of IPC.

(3.) Counsel for the petitioner has placed reliance on "M. Mohan vs. State AIR 2011 SC 1238, S.S. Cheena vs. Vijay Kumar Mahajan and Anr. JT 2010 (8) SC 331 and State of Haryana and Ors. vs. Ch. Bhajan Lal and Ors. AIR 1992 SC 604."