(1) Since the facts and issues involved in both these criminal petitions are one and the same, both these petitions are being disposed of by this common order.

(2) The brief facts of the cases are as follows:- The petitioner is the Managing Director of M/s.Chandak Laboratories (Pvt.) Ltd., situated at premises No.7-61, Kondamadugu Village, Bibinagar Mandal, Nalgonda District. The factory was established in the year 1985 arid started production of chemical products. The said factory has been covered under the provisions of the Factories Act, 1948 ('the Factories Act', for brevity). A huge fire accident had occurred on 27.09.2007 in the factory. Soon after receiving information, the fire service authorities took steps and one fire tanker was brought from Bhongir and as it was not sufficient, second fire tanker from Choutuppal was also brought to the spot. Subsequently, some other vehicles joined in fire fighting operation. The fire service personnel of A.P.Fire and Emergency Services Department, namely Sri M.Rameswara Rao, Lading Fireman, Sri G.Narsinga Rao, Fireman and Sri E.Vishnu Murthy, Fireman, sustained injuries while fire fighting operation and one R.Mahender Reddy, employee of the said factory also sustained injuries while fighting with fire. The victims were shifted to Kamineni Hospital, L.B.Nagar, Hyderabad, by means of 108 Ambulance. Though fire accident occurred on 27.09.2007, it appears that the injured were still being treated till the date of filing of complaint i.e. on 28.01.2008. In fact, the said fire fighting operation was supervised by senior officers of A.P.Fire and Emergency Services which include the Director General of Fire Service, Regional Fire Officer and District Fire Officer.

The main allegation against the petitioner herein is that the fire personnel had sustained injuries mainly due to the negligence of the management (petitioner) to provide mandatory fire safety systems and personal protective equipments. It is also alleged that the petitioner, being Managing Director of the factory, failed to caution the victims about the hazardous nature / properties of the chemicals on fire and failed to provide required personal and protective equipments, and as such, violated the provisions of Sections 15, 16, 18, 19, Section 30 which deals with Penalties failure to take out license, Section 31 which deals with Penalties of the A.P.Fire Services Act, 1999 ('Fire Services Act', for brevity), Rule 29(6) of the A.P. Fire Service Operations and Levy of Fee Rules, 2006, which deals with Penalties for willful violation and Rule 29(7) which deals with Offences (Procedure to deal with offences by companies). It is also alleged that the petitioner failed to obtain renewal of license and thereby, violated Section 18 of the Fire Services Act, which was mandatory. In view of the willful contravention of the mandatory provisions and safety provisions, as required under Table 23 of the National Building Code of India, 2005, and other BIS safety standards, it is the case of the prosecution that the management is liable for penal action for the offences under the above mentioned sections.

(3) The said complaint, which is registered as C.C.No.218 of 2008 on the file of the Additional Judicial Magistrate of First Class, Bhongir in Crime No.152 of 2007 is the subject matter of quashing proceedings in Criminal Petition No.6815 of 2008.

(4) BASING on the said report given by Assistant District Fire Officer about the fire accident and on the allegation that there were no preventive measures for any sort of fire accident, that the fire fighters sustained injuries, that there was danger of loss of life and property and even for the neighbourhood, that there was heavy financial loss, and that the management is liable for penal action, a criminal case under Crime No.152 of 2007 was registered for the offences punishable under Sections 337 and 338 IPC. It also appears that the petitioner herein was arrested and subsequently rele