IMPORTANT POINT
The court ruled that allegations of abetment of suicide against a teacher lacked sufficient evidence, emphasizing the need for prima facie proof and the protection of children's rights against corporal punishment.

ORDER :

Ramesh Sinha, C.J.

1. Heard Mr. Devershi Thakur along with Mr. Rajat Agrawal, learned counsel for the petitioner. Also heard Mr. Kanwaljeet Singh Saini, learned Panel Lawyer, appearing for the respondent/State.

2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) has been filed by the petitioner with the following prayer:

“It is, therefore, prayed that this Hon’ble Court may be kind enough in allowing the present CRMP petition and to quash the charge-sheet dated 13.04.2024, bearing Crime No. 34/2024 registered by the Police of Police of Station Manipur, Ambikapur, District Surguja (C.G.), PIN: 497001, whereby an FIR was registered under Section 305 of the Indian Penal Code (IPC) (Annexure P/1).”

3. Learned counsel for the petitioner submits that the petitioner is a Christian 'Nun' working as a regular teacher in Carmel Convent School in Ambikapur, Surguja District. An FIR has been lodged in PS Manipur, Ambikapur, District Surguja wherein she has been accused of allegedly abetting the suicide of a student, namely, Archisha Sinha, of class 6th of Carmel Convent School, where she is working as a regular teacher. He also submits that the petitioner has moved an application for grant of regular bail before this Court and vide order dated 28.03.2024, this Court granted regular bail to the petitioner in MCRC No. 1877 of 2024, by looking to the allegation as mentioned in the suicidal note and statement of accompanying friend of deceased, namely, Ku. Prishtha Parayani and Ku. Roma Tirkey.

4. It is further submitted by the learned counsel for the petitioner that the deceased Archisha Sinha was a student of class 6th of the said Convent School and she has been a student of the school since class KG-2. There had never been any complaint against the deceased student and neither had the student or parents of the student made any complaint of any misbehavior or harassment meted out to the student in the school to the school management at any point of time, until her demise. He also submits that the petitioner is assigned to teach students of class 4th in the school and has never taught Class 5th and 6th students or any other class in her two years of her services in the present school and does not known the deceased, nor does she recognize her. It is also subject to noted down that class 4th is situated on second floor of the school building and Class 5th and 6th are situated in the first floor of the school building. Each floor of the school building is equipped with its own staff room and a set of about 20 individuals toilets accessible from a common passage.

5. Learned counsel for the petitioner states that on the day of incident, the deceased along with two of her classmates had not attended the last period of the school, which commenced at 2.00 p.m. and ended at 2.40 p.m. They had gone out of the classroom a few minutes before their teacher arrived and had gone to the toilets on the second floor, where class 4th is situated. The the present petitioner had taken the last class of class 4th students and she came out of the class room, after the time schedule of last class was over. While she was on her way to staff rooms, she saw some students peeping out of the toilets and rushing back into the toilet upon seeing her. She gone into passage where the toilets were located, when one of the student informed her that three students went to the toilets, including deceased and they had not come out. The petitioner went to the toilet and knocked at the door of the toilet and when the door was opened, she found three students therein. One of the student replied that they had gone inside to clean the soiled cloth of one of the student. He also states that the petitioner being not aware of the students identity, taken their identity card and subsequently, went to staff room, as the last class was over and only things which remain is last bell for heading toward home. Furthermore, there are