Rule. Mr. L.B. Dabhi, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent State of Gujarat.

2. By this writ-application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused No.4, seeks to invoke the inherent powers of this Court, calling in question the legality and validity of the order dated 24th October, 2013, passed by the Sessions Judge, Valsad, below Exh.24, in Sessions Case No. 19 of 2011, by which the learned Sessions Judge rejected the discharge application filed by the applicant herein, under Section 227 of the Code of Criminal Procedure Code, 1973.

3. The facts giving rise to this application may be summarized as under:-

3.1 The applicant herein is the Principal/School Administrator of an English medium school running in the name of "Saraswati International English Medium School", situated at Abrama, Valsad.

3.2 On 26th October, 2010, a first information report came to be lodged at the Valsad Rural Police Station against the applicant herein and three other persons for the offence punishable under Sections 279 and 304A of the IPC and also under Sections 177 and 284 of the Motor Vehicles Act.

3.3 The first information was lodged by the grand-father of a student, namely -Adit, aged four, who at the relevant point of time was studying in the Junior K.G., regarding the accidental death of Adit on account of the negligence on the part of the accused persons named in the FIR.

3.4 It appears that on conclusion of the investigation, charge-sheet came to be filed against four persons, which includes the applicant herein. The accused No.1 shown in the charge-sheet is the driver of the school bus No.13, bearing Registration No. GJ-15X-9974, the accused No.2 is the cleaner of the said bus, the accused No.3 is the bus supervisor and the accused No.4 is the applicant herein.

3.5 It is the case of the prosecution that on 26th October, 2010, the deceased was travelling in the school bus, which was being driven by the original accused No.1, of which the original accused No.2 was the cleaner. It is alleged that the tin-sheet beneath the Seat No.3 on the left side from the door of the bus had got corroded or rusted resulting in a big cavity and from the said cavity, the tyre of the bus was visible as the size of the cavity beneath the seat was admeasuring 37 x 44". It is the case of the prosecution that the length between the cavity on the tin-sheet and the tyre was about 8". It is further alleged that although the driver, the cleaner, the bus supervisor as well as the applicant were in full knowledge about such a cavity in the bus beneath the seat, yet the same was not repaired, but on the contrary the same was kept covered with a thick cloth. On the fateful day, unfortunately, the deceased fell down through the cavity while the bus was in motion and got seriously crushed beneath the tyres. It is alleged that the driver negligently kept on driving the bus, despite the fact that the deceased had fallen down through the cavity. The deceased succumbed to the injuries.

4. It appears that although the first information report was registered of the offence punishable under Section 304A IPC, at a later stage, Section 304 of the IPC came to be added by way of a report filed by the Police Sub Inspector of the Valsad Rural Police Station in the Court of the learned Additional Chief Judicial Magistrate First Class. On conclusion of the investigation, the charge-sheet was filed for the offence punishable under Sections 304, 279, 304A read with Section 114 of the IPC and Sections 177, 184 and 164 of the Motor Vehicles Act.

5. It appears that the applicant herein filed an application before the learned Sessions Judge, Valsad, under Section 227 of the Code, praying that he be discharged from the prosecution as no liability could be fastened on him in his capacity as the Principal/Chief Administrator of the School. However, the learned Sessions Judge, Val