IMPORTANT POINTS
When allegations are vague and there is no allegation of active role in the incident with criminal intent, proceedings should be quashed.
High Court can, exercising its inherent powers u/s 482, dispense with personal appearance of accused and direct them to appear through advocate.

JUDGMENT

R.Subhash Reddy,J.

1. Leave granted.

2. These three criminal appeals are filed against the common judgment and order dated 18.05.2018 passed by the High Court of Delhi at New Delhi in Crl. M.C. Nos. 2209, 2208 and 3480 of 2015, as such, they are disposed of by this common judgment and order.

3. Criminal Appeal @ SLP (Crl.) No.7969 of 2018 is filed by the petitioner in Crl.M.C.No.2208 of 2015 who is accused No.4. Criminal appeal @ SLP(Crl.) No.8008 of 2018 is filed by the petitioner in Crl. M.C. No.2209 of 2015, who is accused No.2, whereas criminal appeals @ SLP(Crl.) Nos.10054-56 of 2018 are filed by the complainant aggrieved by the directions issued in paragraph 143 of the impugned judgment and common order.

4. The aforesaid criminal misc. cases in Crl.M.C. Nos. 2208 of 2015 and 2209 of 2015 are filed by accused Nos. 4 and 2 respectively, before the High Court of Delhi at New Delhi under Section 482 of Cr.P.C., for quashing of the charge-sheet filed against them and further questioning the order dated 16.5.2015 passed by the learned Metropolitan Magistrate, Patiala House Court, New Delhi in FIR No.390 of 2013 on the file of Police Station, R.K. Puram. By the impugned charge-sheet the appellants/accused in criminal appeal nos. @ SLP(Crl.) No.7969 of 2018 and SLP(Crl.) No.8008 of 2018 are sought to be prosecuted for the offences under Sections 336 and 338 read with Section 32 of the Indian Penal Code, 1860 (for short IPC) and Section 4 of the Cigarettes and Other Tobacco Products (Prohibition of Trade and Commerce, Production, Supply and Distribution) Act, 2003 [hereinafter referred as ‘COTPA 2003’].

5. Initially, crime in FIR No.390 of 2013 on the file of Police Station, R.K. Puram was registered on 19.10.2013 for the alleged commission of offence punishable under Section 308 IPC. After investigation, investigating agency, having found no ingredients for offence under Section 308 of IPC, ultimately charged the appellants Aseem Kapoor-accused No.4 and Shiv Kumar Jatia-accused No.2 and six others for the offences under Section 336/338 read with Section 32 of IPC 1860 and Section 4 of COTPA 2003.

6. Necessary facts in brief for disposal of these appeals are as under.

7. At first instance on 17.10.2013, a case, on receipt of information that one Gaurav Rishi, resident of B-18, G.K. II, New Delhi, got admitted in Fortis Hospital, Vasant Kunj, vide MLC No.2240 of 2013 with the alleged history of fall from stairs, was registered for offence under Section 308 of IPC 1860. Subsequently, on investigation, it was found that the injured Gaurav Rishi fell from the terrace of 6th floor to 4th floor of the hotel i.e. Hyatt Regency. Investigation further reveals that the injured has joined two resident guests of the hotel who were American citizens by name Ms. Rebecca and Ms. Margarita. It is alleged that all of three were having food and wine in club which was on the 6th floor and they were frequently going out on terrace for smoking. During the course of investigation, statements and supplementary statements of Ms. Rebecca and Ms. Margarita were recorded who appear to have stated that on 16.10.2013 Gaurav Rishi(injured) came to hotel for a social visit to meet them and all of them were sitting in the executive lounge at the 6th Floor of the hotel. There is a terrace adjacent to the lounge to which hotel permitted its guests for smoking.

8. It is the case of the prosecution that terrace was dark and there was no light on the terrace and hotel staff did not stop them from going there. Precisely it is the allegation that there was a lapse on the part of the hotel management in taking safety measures for the guests and they have allowed the guests to terrace area which was not safe. Referring to a copy of the RTI reply received from the office of Deputy Health Officer, South Delhi Municipal Corporation regarding Hyatt Regency, it is alleged that no health trade license was granted to the hotel for the terrace area adjoining 6th floor. Char