Abetment of suicide requires clear evidence of intent to instigate or aid the act; mere mention in a suicide note is insufficient for prosecution under Section 306 IPC.

JUDGMENT :

01. Heard Mr. Supreet Singh Johal, Advocate for the petitioner and Mr. Dewakar Sharma, learned Dy. AG for the respondents.

02. The petitioner is an Assistant Professor (Political Science)posted in the Government Degree College (in short, "GDC"), Kathua. The petitioner’s posting as an Assistant Professor (Political Science) in GDC, Kathua dates back to 17.07.2017 and is also said to be the Head of the Political Science Department of the GDC, Kathua.

03. One of 1st semester students of GDC, Kathua, namely, Sanjay Kumar S/o Bodh Raj R/o Baghe Chak, tehsil & district Kathua committed suicide on 23.03.2022 at his home.

04. By reference to a purported suicide note said to have been penned down by said Sanjay Kumar in his own handwriting, an FIR no. 110/2022 for alleged commission of offence under section 306 of the Indian Penal Code, 1860 came to be registered by the Police Station, Kathua, therein naming the petitioner, as an accused, resulting in his arrest and consequent suspension from service as well.

05. The suicide note which came to form the purported basis of registration of the FIR no. 110/2022 is reproduced here under:-

"Suicide Note – meri life mai bahot ache ache dost aay or unhone mera har waqat sath deyia especially NCC walo ne hamarey senior ka main bahut shukor guzar hoon ki unhoney hamey bahut sari opportunity di but Dosto aaj k baad mai apsi shyd kabi na mill saku kyuki college mai ek teacher hai jinka naam Rajnesh Sharma (Political Science) jin ki wajah se mein suicide commit kar raha Apka priya Miter Sanjay Miss u Mom, dad, Sister, Brothers and friends aur chahta hu ki uss teacher par strictly action liya jaye inko mainey bahut samjhayia lekin inhome meri ek nahi suni I request to administration to strictly take action on Rajnesh sharma (Political Science) Thank u, Miss U apka friend sanjay."

06. The petitioner came to be admitted to an interim bail in terms of an order dated 08.04.2022 by the court of learned Chief Judicial Magistrate, Kathua which order later on came to be made absolute in terms of an order dated 12.04.2022. The petitioner even came to be put under suspension from duty in terms of an order dated 12.04.2022 passed by the Authority concerned.

07. Finding himself exposed to suffer a criminal investigation and prospective prosecution in the face of said FIR no. 110/2022, the petitioner came forward petitioning this Court with present petition filed on 13.09.2022 invoking jurisdiction under section 482 of the Code of Criminal Procedure, 1973 thereby seeking quashment of said FIR no. 110/2022 terming it as frivolous, baseless and misconceived against him amounting to an abuse of process of law pleading that the facts and circumstances, by no stretch of imagination, can implicate the petitioner with an accusation of abetment of suicide of Sanjay Kumar.

08. In his present petition, the petitioner has referred to the fact that he came to be taken by surprise upon his arrest on 23.03.2022 at about 05:00 PM for the reason which, at that point of time, was unknown to him but later on stood revealed that one of the students of GDC, Kathua, namely, Sanjay Kumar was found dead in suspicious circumstances with a suicide note allegedly written by him therein mentioning the petitioner’s name.

09. The petitioner has referred to the fact that he came to notify the shortage in attendance of said Sanjay Kumar on account of the fact that the petitioner was taking the Political Science classes of Semester 1st, 3rd & 5th students of GDC, Kathua and was under a duty to notify the shortage in attendance of the absentee students which included the deceased Sanjay Kumar.

10. The fact of shortage in attendance was duly notified by the petitioner on the College Notice Board on 15.03.2022 in which names of ninety one (91) students were enlisted with respect to attendance shortage bearing against them for the purpose of enabling the defaulting students to represent to the petitioner to show cause with respect to the shortage