Rajini v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Rajini ... Petitioner Vs State represented by:- The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

(Crime No.24 of 2023) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Crl.P.C/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to issue direction, directing the respondent police for alteration of sections in Crime No. 24 of 2023 and consequent to direct the Respondent to file an alteration FIR based on the suicide note of the deceased/Petitioner's daughter to proceed with the investigation against the accused person in accordance with law and file the final report within stipulated period.

For Petitioner : Mr.P.Munnusamy For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed for direction directing the respondent to alter the offence registered in Crime No.24 of 2023.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. The petitioner's daughter was studying 11th standard in the private School. She had committed suicide and died. There was a suicidal note stating that her English Teacher scolded her for lack of study. On the said complaint, the respondent registered FIR in Crime No.24 of 2023 for the offence under Section 174 of Cr.P.C.

4. Admittedly, the petitioner admitted his daughter in the English Medium School only during 11th standard. Upto 10th standard, she was studying in Tamil Medium. Therefore, only the compulsion of her parents viz., the petitioner and his wife, she was admitted in the private School in English medium.

5. Further, a perusal of suicidal note also revealed that the School Teacher asked her to bring her parents to the School. The School Teacher never scolded her that she was lagging in English knowledge. Even assuming that the School Teacher scolded her that she was lagging in English knowledge, it does not constitute any offence. Teachers in the private School are supposed to teach the lessons only in English. Therefore, those who are not having English knowledge, the Teachers always insist the students to have English knowledge. Further, the deceased categorically noted that her parents only admitted her in the English medium School though they knew very well that the deceased was very much struggling in English. Therefore, no offence is made out as against the School Teacher or Management in order to attract the offence under Section 306 of IPC.

6. In fact, as per the suicide note, the entire allegations are against the parents of the deceased. If at all any offence is altered under Section 306 of IPC, it has to be foisted only as against the parents of the deceased.

7. In view of the above, this Court finds no material to issue direction to alter the offence in Crime No.24 of 2023. Accordingly, this Criminal Original Petition is dismissed.

05.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 05.02.2025