- (1.) The petitioner seeks quashing of complaint vide case No.105/2009/2012/2013 instituted on 12.9.2008/26.11.2012/1.7.2013 (Annexure P8) as well as the summoning order dated 9.7.2002 (Annexure P9) and the FIR No.143 dated 8.7.2008 under Section 306 IPC registered at Police Station B Division, District Amritsar along with all consequential proceedings. An FIR (Annexure P1) was registered at police station B Division Amritsar under Section 306 IPC on the complaint of Milap Singh, resident of 417-A, New Pratap Nagar, Amritsar. It comes out that Manjot Singh was admitted in Government Medical College & Hospital, Sector 32, Chandigarh on the basis of merit, as he had got 36th rank in the All India CBSE Pre-Medical and Dental Tests. On 1.8.2007 Milap Singh along with brother-in-law left Manjot Singh in the College. He was provided Room No.319 in Nursing Hostel No.2. Next day i.e. on 2.8.2007 at about 8.00 pm, Manjot Singh made a phone call to his mother and told her that there is something wrong. He is not feeling good and he wants to come back home. The mother advised Manjot Singh that as it is late night now so he should come tomorrow after attending the class. On next day, Manjot Singh came back to his house at Amritsar at about 2.00 p.m. He was very worried and while laying on bed, he started weeping. When he was asked for the reason, he continued weeping. On the next day, Milap Singh motivated his son Manjot Singh and then Manjot Singh told him that there is lot of trouble. He narrated the sequence of events of the two nights spent by him in nursing hostel. He disclosed to his father that when he was left in the hostel, then at night he went to the mess of the hostel of boys for having dinner and when he was coming back after having dinner, his seniors encircled him and took him in a room, harassed him a lot and gave filthy abuses to him.
(2.) They allowed him to go back in his room at 11.00 p.m. On the next day i.e. Thursday night, when he was coming back after taking meal from the mess, the said boys again encircled him and harassed him a lot till 2.00 A.M. They were about 10-12 boys, out of which mostly were smoking and two were consuming liquor. He disclosed names of two boys as Thakur and Nikhil but others were not known to him being a fresher. They were also watching adult movie and compelled him to smoke. When he refused to smoke then they forcibly put cigarette and were giving filthy abuses in the names of mother and sister and compelling him to do everything and had threatened him that if he want to live there, he has to obey their orders and left him at 2.00 A.M. He was asked to come at 7.00 a.m. to polish their shoes and thereafter go to the class. Manjot Singh further disclosed his father that rather than doing all this, he would like to die. All the family members convinced him that they will go on Monday and narrate the whole incident to Principal and Warden and will also talk to the boys to which Manjot Singh replied that he had already brought the matter to the notice of the Principal and Warden on the first day but on the next day he misbehaved with him a lot. Then on the next day i.e. Sunday at 7.00 p.m. when Milap Singh had gone to the market for purchasing some articles and came back at 9.00 p.m., he found Manjot Singh dead. One Amit son of Gurbachan Singh also disclosed to Milap Singh that Manjot Singh had met him on Saturday and told him regarding the harassment by senior boys Nikhil and Thakur and 10-12 persons of the hostel. Accordingly, dead body of Manjot Singh was cremated. On the basis of the same, FIR No.143 dated 8.7.2007 under Section 306 IPC was registered.
(3.) It comes out that Milap Singh made a complaint to the Human Right Commission, Punjab, whereupon, case was registered. The Amritsar police sent a report to the Senior Superintendent of Police, Chandigarh. The Senior Superintendent of Police, Chandigarh vide communication dated 12.8.2008 sent the inquiry report stating that the deceased was not harassed or ragged by the senior students of the Government Medical College & Hospital, Sector 32, Chandigarh and that he had committed suicide in his house at Amritsar. Therefore, the Amritsar police registered an FIR.;