ASHOK MALHOTRA Vs. STATE

JUDGEMENT

(1.) ASHOK Malhotra, the petitioner herein has filed this petition under Section 482 Cr.P.C. seeking quashing of the order of learned Metropolitan Magistrate dated 04.05.2007 in case FIR No.459/94 under Section 284/304A/337 IPC P.S. Mangol Puri whereby the learned Magistrate has summoned the petitioner under Section 319 Cr.P.C. to appear and undergo trial for the aforesaid offences with the other accused persons who were charge sheeted.

(2.) BRIEFLY stated, relevant facts for the disposal of this petition are that accused Yogesh Malhotra was challaned in the above referred case and sent for trial for the offences under Section 284, 304A and 337 IPC on the allegations that he was the Manager of M/s. Interport Industry located in Industrial area, Phase-II, Mangol Puri, the factory belonging to accused Sunil Tandon. On 04.06.1994 at about 8:00 pm, accused Sunil Tandon and Yogesh Malhotra forced their employees complainant Ishwar Singh, Sukhbir , Rajesh and Rakesh to clean the choked MCD sewer located outside the factory premises. When they removed the manhole cover for the purpose, the sewer emitted some poisonous gases. On this, complainant Ishwar Singh and others told the Manager Yogesh Malhotra that it was not safe to clean the sewer because of poisonous gases. Yogesh Malhotra ignored their request and pressurised them to enter the sewer for cleaning. Because of the pressure exerted by the Manager Yogesh Malhotra, Rajesh entered the sewer. When Rakesh was asked to enter the sewer, he initially declined, but the Manager Yogesh Malhotra forced him to enter the sewer and on entering the sewer, Rakesh became unconscious and fell into the sewer. Sukhbir Kumar and Rajesh tried to get him out of the sewer, but in the process they also fell into the sewer. Rajesh and Sukhbir somehow managed to come out of the sewer, but Rakesh could not come out. He was taken out from the sewer by one Prahlad in unconscious condition. In the meanwhile, someone from the public had informed PCR. PCR van came and took Rakesh and Sukhbir Kumar to the hospital where Rakesh was declared dead because of inhaling poisonous gas.

(3.) BASIC allegation in application under Section 319 Cr.P.C. was that the complainant Ishwar Singh, who was examined as PW5 on 20.03.1996 had named the petitioner Ashok Malhotra as one of the culprits who purportedly compelled him to clean the sewer, failing which he threatened to remove him from service. The relevant portion of the testimony of PW5 Ishwar Singh is, inter alia, reproduced thus: