Judgment

VAIDIALINGAM, J. : This appeal, by special leave, is directed against the judgment and order dated 14/17 June, 1968 of the Calcutta High Court in Criminal Revision No. 475 of 1967 reversing the orders passed by the Court of the Chief Presidency Magistrate, Calcutta, discharging the accused-appellants.

2.The circumstances leading up to the order of the High Court may be indicated. The second respondent filed a complaint on January 3, 1967 before the Court of the Chief Presidency Magistrate, Calcutta in respect of the incident which took place on the second day (January 1, 1967) of the Second Cricket Test Match between India and West Indies at the Eden Gardens. The Test Match was to be played under the control, management and supervision of the Cricket Association of Bengal, which had sold tickets of various denominations for the game. There were tickets sold for all the days of the Match and there were arrangements made for the sale of daily tickets. The game started as scheduled on December 31, 1966. The play was interrupted by a number of spectators scaling over the fencing erected around the play-ground and entering the cricket field. However, nothing untoward happened on that day.

3. According to the prosecution, the first appellant started selling tickets announcing that arrangements had been made for the accommodation of about 60,000 spectators, while as a matter of fact nearly a lakh of spectators were admitted into the enclosure. The sitting arrangement was most inconvenient and highly unsatisfactory. The arrangements made by the first appellant for accommodating the persons inside the enclosure were so grossly inadequate that it tended to endanger the personal safety of the spectators. On the day in question, the complainant, who was a holder of a season ticket for Rs. 45/- went to attend the game and found all the stands jampacked. Notwithstanding this the people with tickets were being pushed into different enclosures with the result that the spectators within the enclosures started jumping over the fence and occupied the space between the lines of the field and the fencing. The police, unable to control the rush and confusion caused by the behaviour of the crowd, suddenly started a lathi-charge followed by the bursting of tear gas shells, which resulted in causing injuries to various persons. This infuriated the crowd, which retaliated by acts of arson. The arrangements for going out of the enclosures were also grossly inadequate with the result that some of the spectators who wanted to clear out quickly in panic sustained injuries. The Match had to be abandoned for the day. On these facts the complainant alleged that the first appellant had acted most rashly and negligently in over-selling the tickets and admitting a large number of people than could be conveniently accommodated inside the ground and thereby endangered human lives and the personal safety of thousands of spectators. It was further alleged that as a matter of fact the rash and negligent act of the first appellant also resulted in hurt being caused to a number of persons, who had come to witness the Match. Apart from the Cricket Association of Bengal, which was the first accused, he made 33 persons accused in his complaint petition. Those persons were the President, the Vice-President and other office-bearers and Members of the Working Committee of the Cricket Association of Bengal. The complainant prayed for issuing summons against the 34 accused persons under Sections 337 and 338 read with S. 114 of the Indian Penal Code and to proceed against them according to law .

4. On January 3, 1967 the Chief Presidency Magistrate examined the complainant and heard his counsel. As the Chief Presidency Magistrate was prima facie satisfied there was a case, he issued summons to the persons shown as accused under Sections 337 and 338 read with S. 114 of the Indian Penal Code, fixing February 13, 1967 for appearance. The complainant had also made a prayer for