JUDGMENT

B.K.NAYAK, J. - In this application under Section 482, Cr.P.C., the petitioners pray to quash the FIR in Khandagiri P.S.Case No.518 dated 18.10.2016.

2. The petitioners claim to be trustees of the Siksha ‘O’ Anusandhan Trust, which runs a hospital by the name ‘SUM Hospital”, and that the Trust has constituted a Management Committee to look after the day to day business and management of the said hospital. It is further claimed by the petitioners that they are not members of that Management Committee of the said Hospital.

3. The allegations in the FIR No.0518 lodged on 18.10.2016 by the Fire Officer, Central Range, Cuttack are that in the night of 17.10.2016 an unfortunate incident of fire at the ICU of SUM Hospital, Bhubaneswar took place because of which twenty-two people died, apart from huge loss of property of the hospital. It is alleged that at 19.32 hours on 17.10.2016 a message was received at Fire Control Room, Bhubaneswar regarding outbreak of fire at Sum Hospital, Bhubaneswar. On receipt of the message, the AFO, Bhubaneswar Fire Station directed the OIC, Secretariat Fire Service to attend the fire call, whereupon two Fire Fighting Units and a Sky Lift of Bhubaneswar Fire Station along with three Fire Fighting Units of OFDRA, Barmunda, Bhubaneswar rushed to the spot. On arrival at the Hospital it was found that there was fire on the first floor of the hospital building. Immediately fire fighting and rescue operation was started. The ICU and Dialysis Wards were under the impact of fire and filled with dense smoke for which the Fire Fighters had to use breathing apparatus sets for evacuating patients. A large number of patients of the ICU and Dialysis ward were mostly affected and they were evacuated after breaking window glasses. The rescued patients were rushed to different hospitals by available ambulances. The fire was doused and rescue operations completed at about 22.00 hours on 17.10.2016. The further allegations in the FIR are that on preliminary investigation it was ascertained that the fire occurred in the store room situated in between the Dialysis Ward and the ICU due to short-circuit. Due to intensity of the flames the A.C. Duct over the store room got burnt and sucked dense smoke into the air-conditioning system which then spread to other areas like ICU and Dialysis Ward and adjoining rooms through the A.C. vents. Subsequently it was learnt that 20 people affected by the fire incident succumbed in different hospitals. The further allegation is that the fire audit of the hospital had been conducted in 2013 and the shortcomings noticed during the audit had been intimated to the Hospital Authority for necessary compliance in order to ensure safety of life and property before issue of a fire safety certificate. The hospital authorities did not comply with the fire safety recommendations for which the fire tragedy on 17.10.2016 occurred due to negligence on the part of the hospital authorities.

On the basis of the allegations in the FIR the case has been registered under Sections 304/308/285/34,.IPC.

4. The learned Senior Counsel for the petitioners contended that having regard to the allegations made in the FIR to the effect that the fire tragedy and the consequential loss of life and property in the hospital occurred due to negligence of the hospital authorities, the FIR could not have been registered under Section 304, IPC, which prescribes punishment for culpable homicide, and instead the FIR should have been registered under Section 304-A of the IPC.

It is submitted that the entire allegations in the FIR only speaks of the negligent conduct of the hospital authorities in not adhering to some fire safely measures and there being no allegation of intention of the hospital authorities to cause death or bodily injury to anyone by doing some act which is likely to cause death, the necessary ingredient of the offence of culpable homicide is lacking. Therefore, the registration of the FIR for an offence