S.AWASTHY
B. P. RAM – Appellant
Versus
STATE OF M. P. – Respondent
( 1 ) THIS revision has been filed under S. 482 of the Code of Criminal Procedure, against taking cognizance of the offence punishable under S. 304-A of the IPC, by the Judicial Magistrate First Class, Durg.
( 2 ) THE facts of the case are that the applicant No. 1 is a Superintendent working in the Bhilai Steel Plant, while the applicant No. 2 is a Chowkidar in The Bhilai Club, which is managed by the Officers of the Bhilai Steel Plant. Membership is open to the Officers of the Bhilai Steel Plant, HSCL, MECON and other Officers of SAIL posted at Bhilai, on payment of prescribed admission and monthly fees according to the bye-laws. The Governing Body of the said Club is an Elected Body. The applicant No. 1 was an Honorary Secretary of the said Club. The Club has a swimming pool. Entry into the pool is restricted to the members and their dependents. No guest is allowed. A Chowkidar is posted on the gate of the swimming pool, who permits the entry on presentation of the admission card.
( 3 ) ON 10-5-1988, one Rameshchandra, aged about 13 years, at 6-00 p. m. , entered into the swimming pool on the basis of the admission card of his father. Another boy, by name Rishi Agga
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