JITENDRA MOHAN GUPTA Vs. STATE

JUDGEMENT

(1.) Jitendra Mohan Gupta by this petition wants that First information report bearing No.256/91 lodged with the Police Station Seema Puri under Section 304-A Indian Penal Code be quashed.

(2.) In nut shell the case of the prosecution is that the petitioner is the President of"Aggarwal Sangalhan Dilshad Garden". The said Association organised a "Haryali Teej Mela" at C Block Central Park. Dilshad Garden, Delhi on 11th and 12th August, 1991. The said park belongs to the Municipal Corporation of Delhi and the petitioner took it on hire from the MCD. Information of organising the said Teej Mela was also given to the police in advance. It is further the case of the prosecution that a girl aged about 3 years named Shruli Malhotra drowned in the underground water-lank of Fire Brigade at about 9.45 P.M. on 12th August, 1991 on account of the negligence of the petitioner. The petitioner had not covered the manhole as a result of which this incident took place. Hence, the case against him.

(3.) Petitioner in this petition has assailed the action of the police for registering the case, inter alia, on the ground that the underground water Link of Fire brigade was a separate enclosure and beyond the site of the Mela. The petitioner had nothing to do with the manhole the lid of which was missing. Nor the petitioner could be made liable for the omission and commission of the MCD and DDA who are the owners of the park and underground water tank respectivly. Moreover, this incident never look place in the park which was hired by the petitioner for organising the said Mela. Hence the said FIR is liable to be quashed.