K INBARAJ Vs. STATE

JUDGEMENT

(1.) THE above Criminal Revision petition filed by the petitioner/ prosecution witness No.27 against the order of the withdrawal of the case against the 2nd respondent/A -11, passed by the principal Sessions Judge, Thanjavur in Cr.M.P.No.806 of 2010 in S.C.No.275 of 2006 dated 30.07.2010, being aggrieved by the order, this petitioner preferred this Criminal revision to set aside the order.

(2.) THE brief facts of the case are as follow: 2.1. One Bharathi, Village Administrative Officer had lodged a complaint with the Inspector of Police, Kumbakonam East Police Station on 16.07.2004 stating that on 16.07.2004 at about 11.00 a.m. Srikrishna aided primary school and Parvathi Girls High School Caught fire on the 1st floor of these institutions. In the said fire accident about 100 children perished. The said complaint registered by the Inspector of Police in Crime No.261 of 2004, an alleged offence under Section 304(A) of I.P.C. The said case was investigated and charge sheet filed against 24 accused persons. As per charge sheet the 2nd respondent's rank is accused No.11 Subsequently the Government appointed a judicial commission headed by His Lordship Mr.Justice, K.Sampath His Lordship was pleased to conduct an enquiry and submitted his report.

(3.) THE Charge Sheet was filed after the investigation before the learned Principal Sessions Judge, Thanjavur. At this stage the 2nd respondent has filed Cr.M.P.No.806 of 2010 in S.C.No.275 of 2006 to discharge from the framing charges. The learned Judge has passed the order as follows: