NITIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel for the opposite party no.2.

(2.) This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 30.05.2014 passed in Bidupur P.S. Case No.120 of 2013, whereunder the court of the Chief Judicial Magistrate, Vaishali at Hajipur, took the cognizance of the offence under Sections 279 and 304A of the Indian Penal Code against Chandan Kumar, the driver of the Bikram Tampo bearing Registration No.BR-31P/5580, and the petitioner Nitin Kumar, the Director of the Oasis Residential Public School, Panapur Dharmpur, on perusal of the charge-sheet and the materials available in the case diary.

(3.) The facts, leading to this application, are that the informant/opposite party no.2 Harendra Rai alias Asharfi Rai gave his written report to the Officer Incharge, Bidupur Police Station (Vaishali), on 23.04.2013 to the effect that Anshu Raj, aged about 13 years, the grandson of his elder brother Late Devendra Rai, was studying in Oasis Residential Public School, Panapur Dharmpur, for the last three years and was the student of Class-VI in that School. Anshu Raj used to go the School boarding on the school vehicle. On 23.04.2013 at about 06.45 A.M., in the morning, Bikram Tampo bearing Registration No.BR31P/5580 of the School came in which Anshu Raj boarded for going to school. At about 07.30 A.M., the informant/opposite party no.2 heard rumour that the said Tempo turned-turtle at Mahnar Hajipur near Madhurapur in which school children sustained injuries and Anshu Raj was taken from there to Oasis Residential Public School, Panapur Dharmpur. Thereafter, the informant/opposite party no.2 alongwith other villagers went to the School and saw Anshu Raj lying in an injured condition on WINGER vehicle at the front of the gate of the school, where Vinay Shankar Sharma, the staff of the school, got them boarded on the WINGER vehicle to go to P.M.C.H, Patna, for the treatment of Anshu Raj. When they reached there, the doctor of the P.M.C.H. Patna, declared Anshu Rah brought dead. On hearing the information about the death of Anshu Raj, the driver of the WINGER vehicle fled away from the P.M.C.H., Patna. Thereafter, the informant/opposite party no.2 alongwith the dead body of Anshu Raj came to Oasis Residential Public School, Panapur, Dharmpur, and tried to enquire about the incident but no one of the management of the school was present there. Earlier, several accidents had taken place in respect of the school children. The informant/opposite party no.2 claimed that the accident took place due to rash and negligent driving of the Driver of Bikram Tampo bearing Registration No.BR-31P/5580 engaged by the school and also due to latches of the Management of the Oasis Residential Public School.