S. JAI SINGH Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the proceedings pending against the petitioners in C.C.No.5604 of 2019, on the file of the V Metropolitan Magistrate, Egmore, Chennai.

(2.) The case of the prosecution is that the son of the 2nd respondent was studying in a Government aided School. The School prayer starts at 8.45 a.m., every working day. The School has the practice of awarding minor punishments to students who arrive late to the School. On 17.01.2018, the son of the 2nd respondent had reported late to School. He along with many of the other latecomers were asked to perform duck walk on the School ground. While doing so, unfortunately, the son of the 2ndrespondent swooned and fell down on the ground. He was immediately rushed to the Stanley Government Hospital where he was declared as 'brought dead1. The 2nd respondent was informed of this news and based on the complaint given by the 2nd respondent, an FIR came to be registered in Crime No.79 of 2018, under Section 174 of Cr.P.C.

(3.) On completion of investigation, a final report came to be filed before the Court below and the Court below took cognizance of the final report against the petitioners for offence under Section 304 A of The Indian Penal Code, 1860 (hereinafter referred to as "IPC") r/w Section 75 of The Juvenile Justice [Care and Protection of Children] Act, 2014. Aggrieved by the same, the petitioners have filed this quash petition.