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2023 Supreme(P&H) 317

HARNARESH SINGH GILL
Surjeet Khanna – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vinod Ghai, Senior Adv., with Mr. Arnav Ghai, Mr. BNS Marok.
For the Respondents:Mr. Rupinder Singh Jhand, Addl. AG, Haryana and Ms. Ankita Ahuja, AAG, Haryana, Mr. Sumeet Goel, Senior Advocate, with Mr. Arpandeep Narula, Ms. Shivani Kushik, Ms. Aarti Malhotra, Mr. ADS Sukhija, Advocate (Amicus Curiae).

JUDGMENT :

Harnaresh Singh Gill, J.

1. The petitioner seeks quashing of FIR No. 64 dated 25.02.2022 (Annexure P.1) under Section 306 IPC and Sections 6, 18, 8, 21 of the Protection of the Children from Sexual Offences Act, 2022 (for short 'the POCSO Act') added later on, registered at Police Station PS BTPT, District Faridabad, along with all consequential proceedings arising therefrom.

2. The petitioner is the Principal of Delhi Public School, Greater Faridabad, Sector-81, Faridabad. An unfortunate incident of a suicide committed by a young student of Class X-B, on account of the alleged harassment, bullying and torture by his classmates/students of the School, led to the registration of the aforesaid FIR. The petitioner being the overall incharge of the School and having been intimated about the said harassment/bullying/mental torture, did not act in the matter as per the mandate of the POCSO Act.

3. A hapless mother, whose world came shattering down with the untimely demise of her son, is the complainant. This Court has deep concerns for and all sympathies with the parents of the child and wish this unfortunate act had not happened.

4. Be that as it may. As the law took its own cours

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