GURINDER SINGH Vs. STATE OF GOA

JUDGEMENT

(1.) This petition can be considered under Section 482 of the Code Code of Criminal Procedure, 1973, and is essentially directed against Order dated 8-3-2007 of the learned J.M.F.C, Mapusa (Magistrate, for short) issuing process against the petitioners-accused under Section 304-A, I.P.C..

(2.) The petitioners herein are accused nos.3 to 6 in C.C. No.l 15/2006. and are members of the teaching faculty of Amity Business School situated at Noida, U.P., the first petitioner being its Director as well. The Respondent No.3 is the Complainant, and is the father of one Atharv Shah, one of the five students who died in the tragic incident which took place off Candolim Beach in the State of Goa on 25-8-2003. The petitioners accompanied by about 357 under graduate and post graduate students of the said school reached Goa on 25-8-2003 on an excursion and stayed at Highland Beach Resort at Candolim and till about 3.00 p.m., the students underwent a classroom study and thereafter a group of about 200 students went to the Candolim beach when the said Atharv Shah, the son of the Complainant alongwith four others were swept out into the sea by a massive wave and died due to drowning, and the deaths having so occurred were subsequently certified by Dr. Shri. Siddhartha Banaulikar.

(3.) Earlier, an information was received at Calangute Police Station at about 17.40 hours from the Police Control Room that about three boys were getting drowned near the Candolim beach. Police Inspector Shri. Madkaikar alongwith staff reached the scene. A search was launched but nothing fruitful came out of it except the dead bodies of the said five students, namely Atharv Shah, Agraj Maheshwari, Saurav Chawan, Javeed Iqbal and Hitesh Chandiramani. The Police Inspector Sliri. Madkaikar conducted an inquiry after recording certain statements and submitted his report dated 27-4-2004 to the Sub-Divisional Magistrate stating that the death of the said students was accidental due to drowning in the sea waters, and, therefore appropriate summary be granted, and the Sub-Divisional Magistrate was pleased to accept the said report by his Order dated 4-1-2007. In other words, the Police were satisfied that there was no foul play in the deaths of the said five students, admittedly all majors, and classified the case U.D. No.36/ 2003 as one of accidental deaths. The report shows that the students who went to the beach went without the knowledge of the accused.