- (1.) The petitioners, by means of the present petition under Section 401/482 of the Code of Criminal Procedure, 1973 seek to quash the entire proceedings and order dated 25.06.2014 passed in B.G.R. Case No.4366 of 2010 under Section 304-A of the Indian Penal Code pending b1efore the Court of the Learned Judicial Magistrate, 4th Court, Alipore, South-24-Parganas.
(2.) An FIR was lodged by the informant Chandan Karmakar (O.P. No.2 herein) against two named accused (petitioner Nos.8 & 9 herein) and others on 08.08.2010 for the offence punishable under Section 304-A/34 IPC. After investigation, a charge sheet was submitted against the present petitioners for the offence punishable under Section 304-A/34 IPC. Feeling aggrieved against the same, the petitioners filed a petition before the Learned Magistrate under Section 239 Cr.P.C. for discharge. The Learned Magistrate rejected such prayer and fixed a date for framing of charge. Being dissatisfied with such order, the present petition under Section 401/482 Cr.P.C. was filed by the petitioners.
(3.) As per the FIR, Master Srijit Karmakar who is the son of brother of the wife of the de facto complainant was a student of Class-IX of ElBethel School of Raspunja, Kolkata-700104 and he participated in the educational excursion from 30.07.2010 to 07.08.2010 at Nainital under the State of Uttarakhand and travelled from school premises to that place. On 07.08.2010 at about 7 a.m. father of the said Srijit Karmakar received one phone call and came to know that some incident took place at/nearby Sonpur Railway Station while Srijit and other students were travelling in Bag Express(No.3020) towards Howrah. He then informed the de- facto complainant and asked him to arrive at Behala and thereafter, he rushed to the place of incident at Sonpur. It was further alleged that the incident/accident happened due to the negligence of the petitioners and they are responsible for such mishap for which investigation should be conducted and the petitioners be punished. Annexure A (Pages 18 & 19) is the FIR in that case.;