IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

22.10.2021

DELIVERED ON

12.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

Crl.O.P.Nos.7250 & 7251 of 2017

Crl.M.P.Nos.5238 & 5240 of 2017

Ravichandran

..Petitioner in

Crl.O.P.No.7250 of 2017

Mrs.Sheela Rajendra

..Petitioner in

Crl.O.P.No.7251 of 2017

Vs.

1. State rep. by its

Inspector of Police,

R-7, K.K.Nagar Police Station,

Chennai-600 078.

2. R.N.R.Manogaran

..Respondents in

both Crl.O.Ps.

(2^nd Respondent is impleaded as per order

of this court dated 318 of 2017 made in

Crl.M.P.No.9742 of 2017 and 9743 of 2017

Crl.O.P.Nos.7250, 7251 of 2017)

Prayer:

Criminal Original Petitions are filed under Section 482

Cr.P.C., seeking to call for the records in P.R.C.No.71 of 2016

pending on the file of XXIII Metropolitan Magistrate, Saidapet,

Chennai and quash the same.

For Petitioners: Mr.A.Ramesh, Sr.Counsel

for M/s.R.Bhagawat Krishna

in Crl.O.P.No.7250 of 2017

for Mr.S.Ashok Kumar in

Crl.O.P.No.7251 of 2017

For Respondents : Mr.R.Shanmugasundaram, A.G.,

in both Crlo.P.Ps. assisted by Mr.Gokula Krishnan

for R1

Mr.V.Karthic, Sr.Counsel

for Mr.G.R.Deepak – for R2

https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER

These Criminal Original Petitions have been filed by the

petitioners, who were arrayed as A1 and A2 in P.R.C.No.71 of

2016 on the file of the XXIII Metropolitan Magistrate, Saidapet,

Chennai, seeking to call for the records pertaining to the said

case and quash the same as against the petitioners herein.

2. The Inspector of Police, R-7, K.K.Nagar Police Station,

Chennai, 1st respondent herein, based on a complaint lodged by

the defacto complainant, namely, Thiru Manohar and after

investigation, has laid a charge sheet against the petitioners

herein and other accused, alleging that the defacto

complainant's son, namely, Master Ranjan, aged about 9 years,

studying IV standard in F Section in Padma Seshadri Bala Bhavan

Senior Secondary School, Chennai, went to the school as usual on

16.08.2012 at about 09.30 a.m. While so, the defacto

complainant's wife received a phone call from a Cell Phone,

informing that her son while undergoing the swimming class, had

a sudden cough, due to which, he drank the water and drowned and

later, he was immediately taken to the hospital. After receipt

of the telephonic information, the defacto complainant and his

wife went to Vijaya Health Centre, where they were informed that

their son had expired. Hence, the defacto complainant lodged

the complaint against the accused alleging that they are

responsible for the cause of the death of his son.

3. Though initially, an FIR was registered against the

accused including the petitioners herein for the offence

punishable under Section 304(A) IPC, later based on 161 Cr.P.C.

Statements of the witnesses and Post-mortem certificate which

opined that the deceased would appear to have died of asphyxia

due to drowning, it was altered into offence under Section 304

(ii) IPC.

4. The charge sheet laid by the 1st respondent, was taken on

file vide PRC No.71 of 2016 by the learned XXIII Metropolitan

Magistrate, Saidapet, Chennai and pending for committal to the

Sessions Court. At this stage, the petitioners have come

forward with the present petitions, seeking to quash the

proceedings as against them.

5. Mr. A.Ramesh, learned Senior counsel appearing for the

petitioners would submit that it is a very unfortunate case

where a 9 year old boy drowned in a swimming pool while

undergoing swimming class in the school, where the petitioner

(A1), was acting as Deputy Dean, Director and Correspondent of

the School and the petitioner (A6) was working as Physical

Education Teacher. While swimming, the boy drank the water due

to cough and became breathless and immediately, after noticing

https