JUDGMENT :

1. By the impugned order, the High Court has dismissed the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’ for brevity). The petition under Section 482 Cr.P.C. was filed against the order passed by the Additional Sessions Judge Metropolitan Magistrate rejecting the closure report filed by the Central Bureau of Investigation (hereinafter referred to as ‘CBI’ for short) which was filed against the appellant. The closure report filed by the CBI was not accepted by the Magistrate, who instead took cognizance on the protest petition filed by the first respondent before us (Association of Victims of Uphaar Tragedy). As noted by the learned Judge in the impugned judgment on 13.06.1997, 59 persons lost their lives and over 100 persons received serious injuries while viewing a film sitting in the balcony of Uphaar theater. The unfortunate and tragic incident led to a criminal prosecution against 16 accused. While the trial was ongoing, an application was filed under Section 319 Cr.P.C. against inter-alia the present appellant. It is not in dispute that no orders were immediately passed thereon. The tri