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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, J.
Dr. Vijayan - Petitioner
Versus
The State represented by the Inspector of Police - Respondent
Crl.O.P. No.6481 of 2018 & Crl.M.P. Nos.3306 and 3307 of 2018
Decided on : 07-08-2018
Criminal Procedure Code, 1973 - Sections 482, 173 and 309 – Indian Penal Code, 1860 - Sections 279, 304, 109, 201, 465, 420, 380, 468, 471, 460 and 299 - Motor Vehicles Act, 1988 - Sections 182A, 190 and 177 - Tragic Incident Occurred - Slipped Through a Gaping Hole - Allegation of police against A3 is that bus involved in incident was being run by Zion School and therefore despite having knowledge about gaping hole on floor of bus A3 being Correspondent of Zion School had not taken any steps either to close it or withdraw operation of bus whereas on complaint given by A3 Police Station have registered a case and after completing investigation have filed a charge sheet before Judicial Magistrate for offences against sole accused in that final report Inspector of Police Station has opined that had stealthily removed blank but signed transfer forms relating to bus from one N-R Enterprises run by brother of A3 and had created documents as if bus was run by Zion School in other words in final report opinion of Inspector of Police is that Zion School was not running that bus and that it was who is running that bus he having manipulated documents - On strength of final report before Judicial Magistrate learned Senior Counsel appearing for A3 contended that said final report demolishes final report before I Additional District and Sessions Court and therefore proceedings against A3 should be quashed - Held, When said petition came up for hearing learned Additional Public Prosecutor informed this Court that A3 has given a complaint and therefore an FIR has been registered by Police Station - Considering submission so made by learned Additional Public Prosecutor this Court vide order issued following direction - However second respondent police is directed to complete investigation as expeditiously as possible at any rate not later than three months from date of receipt of a copy of this order - Thereafter Trial Court is directed to complete trial expeditiously - Aforesaid petition also has been dealt with by this Court in a routine fashion without delving deep into facts of case and PS - In retrospect this Court feels that mother must have got wind of machinations A3 that he is attempting to subvert proceedings and that is why perhaps she has filed for expeditious trial to be monitored by this Court - Incidentally though has not been arrayed as a party respondent in this quash application she appeared before this Court in person and pleaded for justice - Petition stands dismissed.
1. This Criminal Original Petition has been preferred seeking to call for the records pertaining to the charge sheet laid in Cr. No.929 of 2012 as against the petitioner and pending on the file of the I Additional District and Sessions Court, Chengalpet under S.C. No.187 of 2014 and quash the same.
2. A vignette of the facts leading to the filing of this quash petition is as under:
2.1 On 25.07.2012, a surreal, but, tragic incident occurred, in which, one Sruthi, a 7 year old girl and a student of Zion Matriculation Higher Secondary School (for short “Zion School”), while returning home from school, by school bus bearing Registration No.TN 23 S 9952 (for short “9952”), slipped through a gaping hole on the floor of the bus and fell while the bus was in motion, resulting in its rear tyres running over her and sniffing out her life instantly.
2.2 On the complaint lodged by her uncle Sekar not only against the bus driver but also against the Management of Zion School, the Inspector of Police, Mount Traffic Investigation Wing, registered a case in Cr. No.929 of 2012 on 25.07.2012 under Sections 279 and 304(II) IPC and Sections 182-A and 190 of the Motor Vehicles Act, 1988, (for short “the MV Act”) against four accused, including Dr. Vijayan, the Correspondent of Zion School. After completing the investigation, the police filed a final report against eight accused, including Dr. Vijayan (A3) and Yogesh Sylvera (A8) before the Judicial Magistrate Court, Tambaram, for the offences under Sections 279, 304(II), 109, 201 and 465 IPC and Sections 182-A, 190 and 177 of the MV Act. The case was committed to the Court of Session in S.C. No.187 of 2014 and is now ripe for trial before the I Additional District and Sessions Judge, Chengalpet. At this juncture, Dr.Vijayan (A3) is before this Court for quashing the prosecution as against him in S.C. No.187 of 2014.
3. Heard Mr. R. Singgaravelan, learned Senior Counsel representing Mr. P. Vajravelu, learned counsel on record for Dr.Vijayan (A3), Mr.C. Iyapparaj, learned Additional Public Prosecutor appearing for the first respondent-State and Mr. K. Sankaran, learned counsel for the second respondent/de facto complainant.
4. The thrust of Mr. Singgaravelan's arguments is two fold as under:
a. No charge under Section 304(II) IPC can be framed against Dr.Vijayan (A3) on the materials gathered by the police, especially in the light of the following rulings:
S. No.
Cause Title
Mode of citation
1
Girishbhai Maganlal Pandya vs. State of Gujarat
(2016) 1 Guj LH 126
2
Kurban Hussein Mohamedalli Bangawalla vs. State of Maharashtra
3
Suleman Rahiman Mulani and another vs. State of Maharashtra
4
Ishwarlal Girdharilal Parekh vs. State of Maharashtra and others
5
State vs. Hari Sing
AIR 1969 Rajasthan 86
6
Ambalal D. Bhatt vs. The State of Gujarat
(1972) 3 SCC 525
7
Baijnath Singh vs. The State of Bihar
8
Satya Prakash vs. State of Rajasthan
1986 Cri.L.J. 542
9
Dr. V. Rugmini vs. State of Kerala and others
1987 Cri.L.J. 200
10
Malay Kumar Ganguly vs. Dr. Sukumar Mukherjee and others
11
Alister Anthony Pareira vs. State of Maharashtra
12
Dr. P.B. Desai vs. State of Maharashtra
13
Prabhakaran vs. State of Kerala
(2009) 1 SCC (Cri) 873
b. The allegation of the police against Dr.Vijayan (A3) is that the bus involved in the incident was being run by Zion School and therefore, despite having knowledge about the gaping hole on the floor of the bus, Dr.Vijayan (A3), being the Correspondent of Zion School, had not tak
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