VISHAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants before this Court are aggrieved by order dated 25/01/2018 passed in Criminal Revision No.52/2017 by I Additional Sessions Judge, Indore as well as order dated 03/08/2017 passed by Judicial Magistrate First Clas, Mhow Distt. Indore in Criminal Case No.704/2017.

(2.) The facts of the case reveal that an unfortunate incident took place on 16/06/2017 and a young child aged about seven years died by drowning in a swimming pool. As per the prosecution case, the applicants were instructors in respect of the swimming pool in question and their duty was to teach swimming to young children.

(3.) The First Information Report and the documents on record reveals that after drowning of the child, he was taken to Choithram Hospital by another employee of the School namely Dinesh and in turn Choithram School has informed the police station and thereafter, a criminal case was registered at Crime No.315/2017. After investigating the entire crime, a charge sheet under Section 304-A of the Indian Penal Code, 1860 was filed by the police.