IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE TIRTHANKAR GHOSH CRR 254 of 2024 Smt. Sutapa Das versus The State of West Bengal & Anr.

For the Petitioner : Mr. Uday Shankar Chattopadhyay Mr. Gobinda Ch. Roy Mr. Debajit Kundu For the State : Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Abhijit Sarkar For the Opposite Party : Mr. Joydeep Kanta Bhowmik, No.2 Mr. Sayantan Bhowmik, Mr. Shubham Kumar, Ms. Sayantani Das.

Heard on : 10.06.2025 & 16.06.2025.

Judgement On : 17.06.2025 Tirthankar Ghosh, J. :

The present revisional application has been preferred challenging the proceedings relating to G.R. Case No. 6842 of 2022 arising out of Kotwali PS Case No. 845 of 2022 dated 10.12.2022 which was registered for investigation under section 305/34 of the Indian Penal Code including the charge-sheet filed therein under the same provisions.

The petitioner before this Court happens to be one Sutapa Das, the Headmistress of Suniti Bala Sadar Girls’ School (formerly known as Sadar Girls School). The allegations made in the written complaint which has been treated to be the first information report of the instant case was at the behest of one Debdulal Ghosh who addressed a complaint to the Inspector- in-Charge, Kotwali Police Station contending that his daughter was a student of Class VIII of Jalpaiguri Sadar Balika Vidyalaya. On or about December 7, 2022 during the examination, a student namely Ananya sitting behind his daughter namely Shreya Ghosh, irritated her by inquiring in respect of certain questions. As Shreya ignored her, said Ananya along with 2/3 students, after the examination was over, complained to a teacher namely Chandrani Mukherjee, alleging that Shreya adopted unfair means during the examination. Based on such accusation the complainant was asked to report to the School on December 8, 2022. The Headmistress and the teacher/Chandrani Mukherjee without clarifying the incident, started humiliating him in front of his daughter. The said teachers also threatened that they have identified his daughter and would see how she passes next year. When the complainant protested to such wild accusations being made against his daughter, the Headmistress and the teacher misbehaved with him and he was ousted from the school. Complainant’s daughter at the relevant point of time started crying, however she was consoled after returning home. On returning home the 13 year old Shreya became silent, stopped taking food and on December 9, 2022 when she was alone, she committed suicide by hanging herself from the fan with the aid of a nylon rope at her throat. The complainant alleges that his daughter left a suicide note which reflected that she was mentally harassed and could not accept the humiliation of the teachers.

On the aforesaid complaint of Debdulal Ghosh, Kotwali Police Station Case No. 845 of 2022 commenced and the investigating agency on conclusion of investigation submitted charge sheet against the present petitioner being the Headmistress and the teacher namely, Chandrani Mukherjee. The prosecution in order to prove its case relied upon 20 witnesses and 8 documents.

Learned advocate appearing for the petitioner submits that even if the accusations are accepted to be true no case for abetment to commit suicide is made out against the petitioner who is the Headmistress of the school whose sole purpose for admonishing a student would be welfare of such student/child and no ill motive can be attributed to her act and action. In order to substantiate his case, learned advocate relied upon the following judgments :

(i) Netai Dutta –Vs. – State, (2005) 2 SCC 659 (ii) GEO Varghese –Vs. – State of Rajasthan & Anr, (2021) 19 SCC 144.

Learned advocate appearing for the State opposed the prayer advanced on behalf of the petitioner and submitted that as the investigating agency on conclusion of investigation has arrived at a prima facie conclusion thereby charging the pet