(August 28, 2001) 2001 (TLS)125552

2001-DLT-94-56 :: 2001-AD (Del)-7-158

SHYAM SUNDER SHARMA Vs. state of delhi

R. S. SODHI

( 1 ) ADMIT. THIS criminal revision is directed against the orders dated 27. 2. 2001 and 9. 4. 2001 of the learned Additional Sessions judge whereby the learned Judge has framed charge against the petitioners herein. It is contended before me on behalf of the petitioners that on the facts and circumstances of this case, no charge can be sustained Inasmuch as the NOC Issued by the 1st petitioner was for the period from 1/04/1995 to 31/03/1996 vide letter dated 28/09/1995 while the second petitioner issued NOC for the period from 1/04/1996 to 31/03/1997 vide letter dated 25/09/1996 and that the occurrence, which resulted In the death of 59 persons, took place on 13/06/1997. He submits that none of the acts of the petitioners are proximate enough to bring them within the mischief of Section 304-A Indian Penal Code.

( 2 ) IF is submitted by the learned Additional Solicitor general, appear Ing on behalf of the CBI, that the petitioners are liable for their acts which resulted In licence being Issued by the competent authority and, therefore, the chain