The Court was dealing with a plea to quash a suicide abetment case filed against a Christian catholic nun (petitioner) who was a teacher at a convent school in Surguja district.
The petitioner was named in a suicide note recovered after a class 6 student died by suicide.
The petitioner was said to have admonished the sixth-grade student and some of her classmates after they were found skipping class.
The nun claimed that she had only confiscated their student ID, as is the usual disciplinary procedure. Even the suicide note did not explain why the teacher was named, her counsel argued.
The State, however, countered that the statements of the student witnesses indicated that the petitioner’s conduct was so harsh it caused mental trauma for the students.
The Court noted that it cannot delve into whether the allegations are false or not at the present stage while exercising powers under Section 528 (quashing of FIR) of the Bharatiya Naragrik Surakhsha Sanhita (BNSS).
“The disputed questions of facts in the case cannot be adjudged and adjudicated at this stage … Evidence needs to be led to substantiate the defence of the accused,” the Court said.
Therefore, it dismissed the plea and refused to quash the case.
Source: Barandbench
