MANISHA Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Three year old son of the complainant of first information report (FIR) no. 881/2014 of police station Janak Puri was then a student of Natkhat Play School run by Anish Kumar (accused) in which the petitioner herein was employed she being described as the class teacher. On 07.08.2014, the child was taken to hospital with a history of ingestion of paint thinner. It is alleged that a bottle containing the said substance was lying unattended, unnecessarily and with no accountability, in the class room, it having come in the hand of the child allegedly due to rash or negligent acts of commission or omission on the part of those concerned with the school, the child allegedly having consumed some part of the substance in the said bottle leading to vomits etc. The police had registered the case for offences under Sections 284 and 337 of Indian Penal Code, 1860 (IPC).

(2.) Upon conclusion of investigation, report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was submitted seeking trial of Anish Kumar, inter alia, on the basis of evidence showing that he, against medical advice, had called the child back from the hospital, thereby coming in the way of immediate appropriate medical treatment, the effect of the injury suffered by the child, thus, having persisted. The police proposed the trial of Anish Kumar for offences under Sections 284/337 IPC, seeking he to be summoned as accused.

(3.) Accusations had also been levelled against the petitioner, particularly on the basis of statement of co-teacher Vidhi, indicating the presence of the petitioner in the class room, injured child having been noticed in their presence to be holding the bottle containing the unwholesome substance immediately whereafter he had started vomiting. The police, however, reported to the Magistrate in the charge-sheet that case of negligence on the part of the petitioner could not be established and, therefore, she was kept in column no. 12 (persons not sent up for prosecution).