GANESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein is the Headmaster of New English School, Honavar and has been in charge, as such from 01.06.2003. He has secured a national award in his career. It is on 10.01.2011 that there was a parade for a run by the students and one boy by name Afzal who was studying in 7th standard expressed his inability and he was compelled to run by accused No.1 and in the circumstances, the boy while running collapsed and subsequently died. In the circumstances, a complaint came to be filed by the mother of the deceased for taking action against the teachers for the offence punishable under Section 304 of the Indian Penal Code. During the investigation the statements have been recorded and the petitioner is arrayed as accused No.2. It is the registration of the F.I.R. that has been challenged by the petitioner by way of this petition.

(2.) I have heard the learned Counsel for the petitioner, learned High Court Government Pleader and also the Counsel for 2nd respondent.

(3.) As could be seen from the statement of CW4 recorded, after the prayer in the school, the students of 7th standard were asked to go for attending a parade. It is at this juncture that the accused No.1 asked the student to participate in running and despite the fact that the deceased Afzal, a student of 7th standard expressed his inability he was compelled to run and while running he collapsed and subsequently died. On perusal of the statement of witnesses does not reveal any material, so far as the petitioner who has arrayed as accused No.2 who is the Head Master of the School. In the circumstances, the registration of the F.I.R. and further investigation is against the petitioners are illegal.