GHANSHYAMBHAI ARJANBHAI KANKOTIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed for quashing of chargesheet, filed in connection with the FIR being C.R. No.I-7 of 2016 registered with Keshod Police Station, Dist: Junagadh for the offences punishable under Ss. 279 , 304 , 337 and 338 of the Indian Penal Code and Ss. 177 and 184 of the Motor Vehicle Act.

(2.) Facts and circumstances giving rise to filing of present application are that, in the year 2016, the applicant was Principal of Government School No.316, managed and controlled by Primary Education Committee, Surat. He had organized tour program for the students of different standards and booked a private bus from travelers namely Gurukrupa Travels. On 18/1/2016, tour was proceeded from Surat to Somnath and during tour, on 21/1/2016, when the bus reached near cross junction at Keshod highway, it was turned turtle, because of rash and negligent driving of its driver- accused no.1, as a result of which, 3 students and 2 staff members have lost their lives and some of the students sustained bodily injuries. The FIR was being filed by the applicant herein alleging the rash and negligent driving on the part of the accused no.1. However, during the course of investigation, it was revealed that, the applicant-Principal was also responsible as bus was overcrowded and he failed to take necessary permission and therefore, the applicant herein has been arraigned as accused no.2 in the alleged offence and accordingly, he has been chargesheeted for the offences as referred above.

(3.) Mr. Mahesh Poojara, learned counsel for Mr. Ashish Dagli, learned counsel for the applicant would submits that, despite the complaint by the applicant herein, the investigating agency failed to appreciate the fact that, the main cause for the accident was rashness and negligent act on the part of the driver of the bus as he could not control over the bus, as a result, the vehicle was overturned and therefore, it has nothing to do with the overcrowding of the passengers. He would further submits that, the applicant cannot be held responsible for the rash and negligent driving of the driver of the bus, nor, in any manner, he is responsible for the unfortunate incident wherein students and staff members have lost their lives as the allegations made in the FIR as well as chargesheet case papers, even if they are taken at their face value and accepted in their entirety, do not prima-facie constitute an offence punishable under Ss. 279 and 304 of the Indian Penal Code and therefore, the case is covered by the categories enumerated by the Apex Court in case of Bhajanlal (1992 Suppl. 1 SCC 333).