JUDGMENT

Aruna Suresh, J.— Impugning the order of the learned Additional Sessions Judge dated 25.4.2005 whereby the trial court, while discharging the petitioner for offences under Sections 304A308 of Indian Penal Code (hereinafter referred to as IPC) concluded that, prima facie a case for offences under Sections 304 Part II/308 IPC was made out against the petitioner.

2. In brief the allegations of the prosecution against the petitioner are that, he is the owner of Shop No. 23, DDA Market, Shanti Store, Punjabi Bagh, Delhi. On 22.10.2002, the said four storeyed building which was under construction collapsed. This resulted into death of six labourers and grievous injuries to eight labourers. Injured Arun Kumar who was working as mason in the said building made a statement to the police in the hospital and on his statement FIR No: 832/2002 for offences under Sections 304/308/427/34 IPC was registered at Police Station Punjabi Bagh against the petitioner and co-accused Mohd. Kaif. Petitioner was arrested, and released on bail. Co-accused Mohd. Kaif the contractor could not be arrested and was declared proclaimed offender.

3. Mr. P. R. Thakur, learned counsel for the petitioner has