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2022 Supreme(SC) 1736

SANJAY KISHAN KAUL, ABHAY S. OKA
V. P. Singh Etc. – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Sudarshan Rajan, Advocate, Mr. Mahesh Kumar, Advocate, Mr. Hitain Bajaj, Advocate, Mr. Rohit Bhardwaj, Advocate, Mr. P. S. Patwalia, Sr. Advocate, Mr. Saksham Maheshwari, Advocate, Mr. Jagjit Singh Chhabra, Advocate, Mr. Manoj Rajpoot, Advocate, Petitioner-in-person, For the Appellant / Ms. Rooh-E-Hina Dua, Advocate, Mr. Harshit K., Advocate, Mr. Prem Malhotra, Advocate, Respondent-in-person, For the Respondent.

ORDER

Sanjay Kishan Kaul, J. - The criminal justice system of ours can itself be a punishment! It is exactly what has happened in this case. 14 years on an issue of abetment of suicide in an episode where a student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide. An unfortunate situation! However, we are concerned with the issue whether there is any element of an abetment to suicide in the present case which was at the threshold of charges having been framed.

2. On 16.4.2008, the deceased viz. Mr. Gaurav Wahi was attending the last lecture under Mr. Nitin Shyam, one of the accused, and is alleged to have misbehaved with him in the class under the influence of alcohol. When Mr. Shyam asked Mr. Gaurav to leave the class, he ran out of the class. This incident was reported by Mr. Nitin Shyam to Mr. Sarabjit Singh, the acting Head of the Department. The incident was reported in writing by Mr. Nitin Shyam on the next date i.e. 17.4.2008 to the then Head of the Department. An order was passed suspending the deceased from the class and calling upon hi

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