Dr. G K Arora Vs State & Anr (Delhi High Court)
Delhi High Court held that decisions causing hardship to an employee cannot be termed as an action which would amount to incitement/abetment in terms of section 306 of the Indian Penal Code, 1860. Thus, summoning order set aside.
Facts- On 30.09.2013, a PCR call was received at PS IP Estate with respect to self-immolation of a lady in front of Gate no. 6 of the Delhi Secretariat, who was taken to JPN Hospital.
S.I. Karan Pal Singh alongwith Constable Ajeet reached the hospital and collected the MLC bearing no. 203914, which confirmed the self-burn injuries of the patient.
On the very same day, i.e., 30.09.2013, considering the contents of the MLC, prima facie a case bearing FIR no. 369/2013 u/s. 309 of the IPC was registered at PS IP Estate. During investigation, inter alia exhibits of the burn-site including a kerosine oil bottle, match box; a suicide note dated 30.09.2013 addressed to the Commissioner of Police, Delhi and Ms. Sonia Gandhi, Chairperson of Delhi Pradesh Congress was also recovered, wherein the act of self-immolation was attributed to the mental and physical harassment meted out by one Mr. G.K. Arora, Principal of B.R. Ambedkar College, Yamuna Vihar, Delhi, i.e., petitioner in CRL.M.C. 5431/2014 and one Mr. Ravinder Singh, Senior Assistant looking after the work in Principal’s office at BRAC, i.e., petitioner in CRL.M.C. 5817/2014 and mental harassment by various aides of petitioner no. 1.
