The Orissa High Court while quashing a ragging case against law students based on a settlement between the complainant and the accused, has directed them to teach at an orphanage.

The Court was considering a Petition seeking to quash the criminal proceeding for the alleged commission of the offences punishable under Sections 294, 341, 323, 324, 506 and 34 of the IPC.

The bench of Justice Sibo Sankar Mishra observed, "The petitioners before this Court are the students of law. The conduct of the petitioners are unbecoming of student of law. A good law student could eventually be a good lawyer that goes beyond the academic achievements. It is expected from a lawyer that besides having legal knowledge he supports the cause of vulnerables, advocates for the justice and become voice for voice less. Upholding high standards of integrity, lawyer not only shapes their professional career but also set an example as a model citizen. However, in the nasent stage of their career as the law students, the conducts of the petitioners are highly objectionable. Ultimately pursuit of legal education is not just about eventual personal success but about thriving for a course change in the society towards positivity. Therefore, while quashing the criminal case against the petitioners, this Court feels it appropriate to direct the petitioners to volunteer at an orphanage of their choice for a period of one week where they will involve in teaching or conducting any workshop for the children studying in the orphanage."

The Petitioner was represented by Advocate Jayadeb Behera while the Respondent was represented by Additional Government Advocate U.R. Jena.

One Complainant filed a written report to the effect that some of the senior students caused harm to his son by ragging and threatening with dire consequences. He also made a complaint before the Dean of the University and mentioned the name of the senior students, who were involved in the alleged crime. Hence, the F.I.R.

Additional Government Advocate submitted that the petitioners and the victim are students and due to misunderstanding and sudden provocation, the incident appears to have taken place. But now the petitioners repent for their mischievous conduct committed by them and apologized to the father of the victim and also filed an affidavit before the Court. He submitted that there is no legal impediment in quashing the FIR.

The Court considering the fact that the investigation is still going on and the petitioners are young students pursuing their law course and keeping in view the judgments of the Supreme Court in the cases of Gian Singh v. State of Punjab & Anr. (2012) and B.S. Joshi & Ors. v. State of Haryana & Anr. (2003) was of the considered view that subjecting the petitioners to the rigours of the trial would be a futile exercise.

The Court went on to quash the case on the condition that the Petitioners teach at the Orphanage.

Cause Title: Sonel Sekhar Nayak and others vs. The State of Odisha & Anr.

Appearances:

Petitioner- Advocate Jayadeb Behera

Respondent- Additional Government Advocate U.R. Jena, Advocate Rakesh Sharma

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Orissa High CourtJustice Sibo Sankar Mishra

Sheetal Joon