The judgment established the need for evidence of mens rea to establish guilt under IPC 306 and emphasized the absence of abetment, instigation, or conspiracy by the petitioners.

ORDER :

1. The present petition under Section 482 of Cr.P.C. is preferred by the petitioner seeking following reliefs:

“1. May it please this Hon'ble Court, the Petitioner humbly prays for:

a. That this Hon'ble court may kindly be pleased to allow this Petition and Charge sheet bearing Challan No. 01 filed in relation to the F.I.R. bearing Crime No. 371/2022 registered on 04th November, 2022 lodged at Police Station Bilauva, District Gwalior, M.P. for the offence alleged u/s. 306, 34 of the Indian Penal Code, 1860 as well as all other consequential proceedings arising therewith qua the present petitioners in relation to the aforesaid crime number, may kindly be quashed and set aside.

b. For such further and other relieves as this Hon'ble Court may deem fit be granted.”

2. Petitioner No.1 is Principal of Vivekanand School, Tekanpur, Dabra District Gwalior, petitioner No.2 is Vice -Principal of Vivekanand School, Tekanpur, Dabra District Gwalior and petitioner No.3 is Teacher at Vivekanand School, Tekanpur, Dabra District Gwalior. Petitioners are taking exception to registration of FIR and trial conducted as referred above.

3. Case of the prosecution as disclosed from the details scribed in the FIR dated 04-11-2022 containing the allegations that the deceased Mahendra Kushwah alias Rohit Kushwah used to study in Class 12th in Vivekanand Higher Secondary School, TCP. Around 10:35 am school had lunch interval and thereafter classes reassembled. 15 minutes thereafter, some boys blasted some crackers in the school toilet which created disturbance in the classes. School management immediately responded, searched bags and pockets of the students and found students namely, Mahendra Kushwah, Ritik Raj and Ashish Yadav as mischievous students. They were taken before the Principal of the school namely Virendra Singh Rana – petitioner No.1 herein. He admonished them for their conduct and as alleged petitioner No.2 talked to their parents and asked them to visit the Principal next day, so that parents may be apprised about the misconduct of their children. Apparently, this way, a psychological pressure is mounted on students to behave properly in future.

4. Being disturbed by such admonition and alleged insult, Mahendra Kushwah (one of the students) went to his house and in afternoon around 3:30 pm he committed suicide by hanging himself. On complaint, case was registered against the petitioners for offence under Sections 306 and 34 of IPC.

5. Matter was investigated in which petitioners were implicated as accused and after investigation, charge-sheet was filed. The said charge-sheet is under challenge by way of this petition.

6. It is the submission of learned counsel for the petitioners that petitioners are teachers of the school where deceased pupil Mahendra Kushwah was studying. The deceased caused nuisance in the school with his friends by blasting crackers in bathroom of the school whereby wall of the bathroom got damaged, then to protect the interest of other students, deceased was admonished for the same. A call was made to the house of Mahendra Kushwah at mobile No.9516999146 and parents of other two students and parents were directed to remain present on the next day to avoid repetition of such event. Therefore, whole exercise was done as a measure to protect the other students and to make erring pupil realized their misconduct. School authorities are meant for this purpose and therefore, there was no element of abetment as such as per Section 107 of IPC.

7. It is further submitted by learned counsel for the petitioners that by admonition, the children were persuaded or even compelled to behave in proper manner so that they can learn good values from the school and become good citizen. It is not a case where petitioners intentionally harboured a notion against the deceased. In fact, no physical torture or violence is being made. It is