JUDGMENT :

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings pending against the petitioners in C.C.No.5604 of 2019, on the file of the learned V Metropolitan Magistrate at Egmore, Chennai.

This Criminal Original Petition has been filed challenging the proceedings pending against the petitioners in C.C.No.5604 of 2019, on the file of the V Metropolitan Magistrate, Egmore, Chennai.

2. The case of the prosecution is that the son of the 2nd respondent was studying in a Government aided School. The School prayer starts at 8.45 a.m., every working day. The School has the practice of awarding minor punishments to students who arrive late to the School. On 17.01.2018, the son of the 2nd respondent had reported late to School. He along with many of the other latecomers were asked to perform duck walk on the School ground. While doing so, unfortunately, the son of the 2nd respondent swooned and fell down on the ground. He was immediately rushed to the Stanley Government Hospital where he was declared as -brought dead-. The 2nd respondent was informed of this news and based on the complaint given by the 2nd respondent, an FIR came to be registered in Crime No.79 of 2018, under Section 174 of Cr.P.C.

3. On completion of investigation, a final report came to be filed before the Court below and the Court below took cognizance of the final report against the petitioners for offence under Section 304 A of The Indian Penal Code, 1860 (hereinafter referred to as “IPC“) r/w Section 75 of The Juvenile Justice [Care and Protection of Children] Act, 2014. Aggrieved by the same, the petitioners have filed this quash petition.

4. The 1st petitioner who has been arrayed as A-1 was working as the physical training teacher in the School. The 2nd petitioner who has been arrayed as A-2 was the Headmaster of the School and the 3rd petitioner who has been arrayed as A-3 was the Correspondent of the School.

5. Heard Mr.P.K.Ganesh, learned counsel for the petitioners, Mr.C.Raghavan, learned Government Advocate for the 1st respondent and Mr.G.Karthikeyan, learned counsel appearing on behalf of the 2nd respondent.

6. The main ground that was urged on the side of the petitioners is that it was an unfortunate incident and that the same was not a result of any rash or negligent act of the petitioners, against the son of the 2nd respondent.

7. The Postmortem Report was also brought to the notice of this Court wherein, the doctor has given a final opinion to the effect that the death was due to natural cause and no exact cause of death can be opined.

8. In order to sustain a charge under Section 304 A of IPC, there must be some material to show that there was an overt act on the part of the accused persons and there is a proximity between the act of the accused and the cause of death. In other words, the act of the accused persons must be the causa causans for the death. Useful reference can be made to the judgment of the Hon-ble Supreme Court in Sushil Ansal v. State through Central Bureau of Investigation reported in (2014) 6 SCC 173 and to the judgment of this Court in Sasikumar and Ors. v. The State, rep. by Inspector of Police reported in (2019) 1 LW Crl 581.

9. When the matter came up for hearing on 24.02.2021, this Court found that the materials collected by the prosecution did not make out any offence against the petitioners. It was a battle between the mind and the conscience. The conscience was not willing to send away the 2nd respondent with empty hands since he has lost his son in this case. This Court felt that even though the petitioners may not have a legal obligation towards the 2nd respondent, the conscience of this Court was insisting for atleast imposing a moral obligation on the petitioners for the death of the son of the 2nd respondent.

10. When the matter came up for hearing on 24.02.2021, this Court passed the following order:

“Today, when the matter came up for