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.

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 Court was pleased to frame charges against the petitioner for offence under Sections 304 (Part II)/308/35/36 of IPC, and alternatively, under Sections 304 A/337/338/35/36 of IPC.

4. Aggrieved thereby, the petitioner has sought his discharge, primarily on the ground that – he did not own or exercise control over the specific floor of the building, where the alleged short circuit is stated to have occurred, which ultimately had triggered the fire resulting in the loss of lives.

5. Accordingly, the issue to be adjudicated by this Court is whether the petitioner's plea for discharge is merited, at the stage of framing of charge.

6. It would first be appropriate to briefly recount the events, tragic as they were, that led to the registration of the FIR and take note of the findings of the investigation carried out in this case.

 The morning that turned fatal for many

7. On 08.12.2019, at around 5:22 AM, a PCR call was received at Police Station Sadar Bazar, recorded vide DD No. 6A, reporting a fire at House No. 22742, Anaj Mandi, Sadar Bazar, Delhi. The caller, had conveyed in panic: “Ghar mein aag lagi hai. Injured koi hai ya nahi, abhi tak nahi pata lag raha hai.” The information was immediately marked to SI Sandeep, who rushed to the location. Upon reaching the area, it was discovered that the actual site of the incident was House No. 8273, Anaj Mandi, where the 2nd, 3rd, and 4th floors of the building were found engulfed in flames. Realising the gravity of the situation, additional police personnel were called to the spot. Simultaneously, 25 fire tenders, along with teams from the NDRF, Civil Defence, Disaster Management Authority, BSES, and CATS ambulances, arrived and launched a large-scale rescue and firefighting operation. The Mobile Crime Team (North District) and the FSL team from Rohini were also summoned for scene inspection. All those injured or unconscious were immediately shifted to nearby hospitals for urgent medical treatment.

8. The blaze was brought under control after approximately 3.5 hours of relentless firefighting efforts. However, the damage had already been done, and a total of 45 persons, including 9 minors, had tragically lost their lives due to burn injuries and suffocation. Further, 21 persons, including 6 minors, had been left injured.

9. Initially, the case was registered and investigated by the local police at P.S. Sadar Bazar. However, given the seriousness and complexity of the matter, the investigation was later transferred to the Crime Branch on the directions of senior officers, who thereafter took over the inquiry.

Findings of the Investigation and Submissions of the State

10. The investigation revealed that Property No. 8274 was interconnected with Property No. 8273 – from the ground floor up to the fifth floor – functioning