No coercive action against sch staff: HC to cops

  • | Saturday | 22nd September, 2018

The matter has been posted for next hearing on October 9.Based on an FIR lodged by the student’s father, the police had booked the KV-2 school’s principal and four teachers for abetment of suicide of child and common intention. PUNE: The Bombay high court has restrained the Dehu Road police from taking any coercive action against the principal and four teachers of Kendriya Vidyalaya (KV)-2 at Ordnance Factory, Dehu Road, in the case of allegedly abetting a 15-year-old Class X student to commit suicide in July.“We have gone through the allegations made in the first information report. Following this, the KVS had conducted a fact-finding enquiry and the same did not give any adverse findings relating to the conduct of the petitioner-teachers, they stated.The HC has, meanwhile, directed a notice to be issued to the complainant-father and the same is returnable by October 9 when the matter is due for next hearing. “The petitioners have not committed any act to constitute as an instrument or a factor aiding or abetting the said suicide,” he submitted.In their petition, the officials stated that the father of a student had lodged a written complaint with school authorities on July 2 stating that Shubham Subhash Surwade and three other students had beaten up his son. Acting on this complaint as well as several oral complaints in the past, the authorities handed out the suspension to the four students till July 7.The petitioners further pointed out that on July 4, the school’s principal had submitted a report to the deputy commissioner of Kendriya Vidyalaya Sanghatan (KVS), the parent body of all KV schools in the country, explaining the reason for Shubham’s suspension.

PUNE: The Bombay high court has restrained the Dehu Road police from taking any coercive action against the principal and four teachers of Kendriya Vidyalaya (KV)-2 at Ordnance Factory, Dehu Road, in the case of allegedly abetting a 15-year-old Class X student to commit suicide in July.“We have gone through the allegations made in the first information report. Prima facie , in our view, an offence under Section 305 (abetment of suicide of child) read with Section 34 (common intention) of the IPC is not made out,” the HC bench of Justice Ranjit More and Justice A M Badar said in an order on September 14.“We, therefore, by way of interim relief, direct the Dehu Road police to not take coercive action against the petitions in the FIR registered at the instance of respondent number 2 (the deceased student’s father) on July 18,” the bench said. The matter has been posted for next hearing on October 9.Based on an FIR lodged by the student’s father, the police had booked the KV-2 school’s principal and four teachers for abetment of suicide of child and common intention. The five school officials later moved the HC by filing a writ petition for quashing of the FIR on the grounds that they were innocent and had been maliciously roped in as accused in the case.At the hearing on September 14, their lawyer Aniket Ujjwal Nikam submitted that no offence of abetment to suicide under Section 305 IPC can be made out because the essential ingredients of such offence were ex-facie absent in the case. “The petitioners have not committed any act to constitute as an instrument or a factor aiding or abetting the said suicide,” he submitted.In their petition, the officials stated that the father of a student had lodged a written complaint with school authorities on July 2 stating that Shubham Subhash Surwade and three other students had beaten up his son. Acting on this complaint as well as several oral complaints in the past, the authorities handed out the suspension to the four students till July 7.The petitioners further pointed out that on July 4, the school’s principal had submitted a report to the deputy commissioner of Kendriya Vidyalaya Sanghatan (KVS), the parent body of all KV schools in the country, explaining the reason for Shubham’s suspension. Following this, the KVS had conducted a fact-finding enquiry and the same did not give any adverse findings relating to the conduct of the petitioner-teachers, they stated.The HC has, meanwhile, directed a notice to be issued to the complainant-father and the same is returnable by October 9 when the matter is due for next hearing.

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