ISHRAT ARA Vs. STATE OF DELHI

JUDGEMENT

(1.) Ld. Counsel for the petitioner submits that a complaint was lodged at PS-New Friends Colony and the same was converted into FIR NO. 48 dated 22.02.2010 case under Section 284/338/304A Indian Penal Code, 1860 by the Police.

(2.) The incident took place on 21.02.2010 at about 10 PM when fire broke out in the godown and three persons, two of whom who were engaged in their daily job whereas third one came to the shop to meet his friend namely deceased Shamsher received burn injuries and were taken to the hospital. One of them gave statement as he was found fit for this purpose, whereas the statement of the other two could not be recorded as they were not found fit for their statements and ultimately all the three died in the hospital.

(3.) The matter was investigated and thereafter police did not find it a fit case for trial, therefore they filed the cancellation report while saying "suddenly fire broke out and the reasons of fire could not be established. Therefore there was no fault of the employer."