Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Mohd. Imran – Appellant
Versus
State GNCTD – Respondent
| Table of Content |
|---|
| 1. background and context of the tragic fire incident. (Para 1) |
JUDGMENT :
SWARANA KANTA SHARMA, J.
Introduction
1. A heart-wrenching tragedy unfolded in the early hours of 08.12.2019, when a massive fire broke out in the densely populated Anaj Mandi area of Sadar Bazar, Delhi, which claimed the lives of 45 innocent individuals. Most of the victims were labourers who had been asleep, unaware of the impending catastrophe. The scale and horror of the incident shook the conscience of the city and led to an investigation into the circumstances that allowed such a disaster to occur.
2. In connection with the said incident, the petitioner, Mohd. Imran, is one of the several persons arrayed as accused. He has approached this Court by way of the present petition, assailing the order dated 12.09.2024 [hereafter "impugned order‟] passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi [hereafter "Sessions Court‟] in SC No. 226/2020, arising out of FIR No. 204/2019, registered at Police Station Sadar Bazar, Delhi for offences punishable under Sections 304 /308 of the Indian Penal Code , 1860 [hereafter "IPC‟].
3. By way of the impugned order, the learned Sessions C
Negligence and culpable homicide charges were upheld due to multiple safety violations leading to a catastrophic fire, establishing responsibility despite claims of non-ownership of the property.
To establish criminal liability under IPC Sections 338 and 304, the accused must be proven to have directly caused death or injury without another's intervening negligence.
The court emphasized that allegations in an FIR must establish a prima facie case for prosecution, and mechanical charge-sheets without credible evidence can be quashed under Section 482 of the Cr.P.....
(1) Discharge of accused – By its very nature, discharge is at a higher pedestal than acquittal – Acquittal is at end of trial process, may be for a technicality or on benefit of doubt or prosecution....
The judgment emphasizes that the material must prima facie indicate the accused's guilt of culpable homicide, and the knowledge of the accused persons about the sub-standard construction being likely....
Charges against an accused must be based on sufficient evidence indicating their presence and involvement in the alleged crime.
The court reiterated that the question of whether an accused person should be discharged from a case under Section 227 of the Code of Criminal Procedure is a matter to be decided on the basis of the ....
Criminal liability under IPC for negligence requires direct causation and gross negligence must be established; absence of presence at the incident absolves the petitioner of responsibility.
The limited scope of inquiry at the stage of framing charges and the prima facie nature of the offences were central legal principles established in the judgment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
