- (1.) IN the instant application the petitioner has prayed for quashing of the order dated 28.2.2000 passed by the Judicial Magistrate, Dumka in T.R. no. 46 of 2000 whereby learned Magistrate has issued summons against the petitioners in exercising of powers under section 319 Cr.P.C. In connection with G.R. No. 959 of 1992 arising out of Dumka Mufassil P.S. case no. 114 of 1992 under sections 282/304A of the Indian Penal Code.
(2.) THE brief facts of the case are that on 1.10.1992, the Officer in -charge of Dumka Mufassil Police Station submitted written report lodging therein that on the same day i.e. 1.10.1992 at about 5 P.M. he received information that some boys of Shishu Niketan while boating in Mayurakhi River were drowned and their dead bodies have not been recovered. On receiving this information the informant reached place of occurrence with police force and found that large number of people had already collected there and at that time five dead bodies had been recovered which were already been sent to Dumka Hospital. However, the dead bodies of four others boys were not recovered and efforts were being made on behalf of the administration and the local people to recover other dead bodies by throwing net in the water. It is further stated in the report that on enquiry it was found that although the big boat was available, but still a smaller boat was hired for the purpose of boating for the boys, because the boat man of larger boat had demanded Rs. 1.50 per passenger, while the boatman of the smaller boat had demanded Rs. 1/ - per passenger. On enquiry it further revealed that capsized boat had a hole through which water used to come in the boat. It was further reported that school authorities had not taken permission from the guardian of the students and boat was overloaded and the school teachers had not taken proper care of the students. Therefore such unfortunate incident took place.
(3.) ON the basis of the aforesaid written report a case under sections 282 and 304A was registered against two boat man and the petitioners.;