ORDER :

1. Heard Mr.Manoj Paranjape and Mr.Shreyansh Agrawal, learned counsel for the petitioners. Also heard Mr. Avinash Singh, learned Panel Lawyer for the respondent/State.

2. By way of this petition under Section 482 CrPC, the petitioners have prayed for following reliefs:-

“It is therefore, most humbly prayed that the Hon’ble Court may kindly be pleased to allow the instant petition and the FIR bearing Crime No.173/2015, registered at Police Station Fingeshwar, District Gariyaband and the entire criminal prosecution/proceedings bearing Criminal Case No.762/2015, pending in the Court of Judicial Magistrate First Class, Rajim, Gariyaband, may kindly be quashed, in the interest of justice.”

3. Petitioner No.1-Tularam Bhatpahri is holding the substantive post of In-charge Headmaster and is posted at Middle School, Rachkatti, Tahsil Gariyaband, District Gariyaband. Petitioner No.2-Ajay Kumar Yadav is holding the substantive post of Teacher Panchayat and is posted at Middle School Rachkatti, Tahsil Gariyaband, District Gariyaband and petitioner No.3-Faneshwar Kumar Sahu is holding the substantive post of Teacher Panchayat and is posted at Middle School Rachkatti, Tahsil Gariyaband, District Gariyaband. The instant petition has been filed only on behalf of the teachers.

4. Undisputed facts of the case are that on 17.10.2015 (Saturday) 72 students of Middle School, Rachkatii, Fingeshwar, Gariyaband were sent by the School Management for Devi Darshan to Rupayee Temple, which is 4 kilometers away from the school. The teachers and the students were seating in the trolley. The tractor and trolley was hired by the School Management. Even the children of the owner of the tractor and trolley were also seating in the trolley. The owner of the tractor and trolley bearing No. CG-04 MK 5789 was driving the tractor. As per the case of the prosecution, the driver was plying the tractor and trolley negligently and due to his negligent driving, tractor and trolley turned turtle and the students who were travelling in the tractor and trolley have received certain injuries and Kumari Khushi Sahu, Punni Dhruv, Bharti Netam, Girja Shankar Sahu and Khageshwar Yadav received grievous injuries and died on the spot, whereas Omprakash, Rekhraj, Chetan, Pooja, Minakshi, Urvashi, Laxmi, Ishwar, Komal, Khumeshwar have received injuries. The FIR of the incident was lodged by Manish Kumar Banjare. The police investigated the matter and filed the charge-sheet for offences under Sections 279, 337, 338 & 304-A read with Section 34 of the IPC and Sections 66 & 192 of the Motor Vehicles Act. It was alleged that the petitioners being teachers of the school have failed to discharge their duties and have committed negligence and they are responsible for death and as such, they have committed offences under Sections 279, 337, 338 & 304-A read with Section 34 of the IPC and Sections 66 & 192 of the Motor Vehicles Act.

5. The police has recorded the statements of the students. It is apparent from the statements of the students that they were going to temple and the driver of the offending vehicle namely Bedram was driving the vehicle negligently and due to the negligent driving, tractor and trolley turned turtle and they have received injuries.

6. Mr.Manoj Paranjape, learned counsel for the petitioners submits that if the entire case charge-sheet is accepted, offence under Sections 279, 337, 338 & 304-A read with Section 34 of the IPC and Sections 66 & 192 of the Motor Vehicles Act would not be made out against the petitioners. The reading of Sections 279, 337, 338 & 304-A of the IPC and Sections 66 & 192 of the Motor Vehicles Act would be manifest that the essential ingredients of offence under Sections 279, 337, 338 & 304-A read with Section 34 of the IPC and Sections 66 & 192 of the Motor Vehicles Act are completely missing. The essential ingredients of offence under Section 304-A of the IPC are that there should be a death, caused by rash and negligent act and it shall n