Quashing of FIR -- Negligence in School Transport -- Duty of care extends till child reaches home, investigation not to be stopped at inception
(i) Bharatiya Nyaya Sanhita, 2023, S.125(a) -- Quashing of FIR -- Negligence in School Transport -- Duty of care of a school extends beyond the classroom and continues till the child is safely handed over to the parents, since the school bus is an extension of the school. Compliance with safety norms for student transportation is a statutory obligation and not a matter of discretion. (ii) Criminal Procedure Code, 1973, S.482 -- Quashing of FIR -- Negligence in School Transport -- At the stage of investigation, the Court cannot conduct a mini trial or examine the defence of the accused. Where allegations, taken at face value, disclose ingredients of the offence, questions such as supervision, presence of an attendant, and functioning of CCTV require investigation and cannot be decided by quashing the proceedings.
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