1. The petition is directed against judgment and order dated 19th March, 2016, passed by learned Additional Sessions Judge, 3rd Court, Alipore, South 24 Parganas in S.C. 26(11)/2013 rejecting the prayer of the petitioner to discharge him from the instant case and framing charges under Sections 304 Part II, 308 read with Section 36 of the Indian Penal Code and under Section 11C read with Sections 11J, 11L of the West Bengal Fire and Emergency Services Act.

2. The petitioner along with fifteen other accused persons were prosecuted on the allegations of commission of offences punishable under Sections 304 Part II/308 read with Section 36 of I.P.C. and under Section 11C read with Sections 11J and 11L of West Bengal Fire Services Act on the allegations reflected in the charge-sheet is as follows:-

3. In the early hours of December 9, 2011 a big tragedy took place as the wintry morning was rend asunder by the helpless cries of patients trapped inside a premium hospital namely AMRI Hospitals Ltd situated at 15, Panchanantala Road. In the midst of the night, a fire suddenly broke out in the basement of the Annexe-I building, a G+5 storied structure. As the basement area remained ablaze, toxic smoke began to accumulate inside the building. This contributed to poor visibility and induced suffocation amongst those present on the premises, thus greatly restricting the movements of those trapped inside. Additionally, rescuers were prevented from having direct access to the hospital premises as the security staff stood guard at the main gates.

4. The incident was initially dealt with in a casual manner by the ill trained and poorly equipped staff of the hospital. Once the situation reached an aggravated stage, the Fire Brigade and the Police were informed. As news of the fire spread, locals began to assemble and assist the fire brigade and police in the ongoing rescue operation. The Fire Brigade personnel used sky ladders and broke several glass windows in the building in the course of the rescue. While some patients were brought out alive, dozens of dead bodies were also recovered. As per reports, 92 patients admitted in the Annexe-I building succumbed to death on the night of the fire. The patients who were successfully rescued were shifted to other hospitals.

5. Following the incident, an official filed a formal complaint on behalf of the Fire Brigade. Subsequent to the General Diary Entry No 765 of Lake Police Station dated 09.12.11, a case vide Lake PS Case No 293 dated 09.12.11 u/s 304/308/285/34 I.P.C. and 11C/11J/11L of West Bengal Fire Services Act was registered. The control of the investigation of the case was taken up by a Special Investigation Team of Detective Department, Lalbazar, Kolkata.

6. The dead bodies recovered were subjected to inquest followed by post mortem examination. The autopsy surgeon opined in his report that the cause of death was asphyxia followed by suffocation.

7. In the course of the investigation, a number of witnesses were examined and their statements were recorded. The surviving patients and the relatives of deceased patients narrated the incidents of the unfortunate night in their statements. The patients who managed to escape provided detailed accounts about how the smoke circulating in the building had caused irritation in their eyes. They also related how the lack of support from the AMRI staff and overall absence of an evacuation team worsened the situation. Several patients were infirm and/or bed-ridden and thereby compelled to inhale noxious smoke in their feeble condition. Even those who were mobile had to overcome various hurdles in order to escape the smoke. Kolkata Police and the Fire Brigade worked tirelessly to rescue those trapped inside the building. Local youths assisted them during the continuance of the rescue operation. The patients who survived mentioned that most doctors, nurses and other staffs had fled the premises and they did not receive assistance from the AMRI staff, alb