ANSHU MENDIRATTA Vs. STATE

JUDGEMENT

(1.) As all these petitions have been filed in the same FIR No.198/2013, under Section 288/336 IPC, Police Station Mianwali Nagar, against the order on charge dated 11.01.2016 and against the common order dated 25.02.2016 passed by the revisional court, therefore, all these petitions are decided together.

(2.) The present petitions have been filed by the petitioners, under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as Cr.P.C.) for setting aside the order on charge dated 11.01.2016 passed by the learned Metropolitan Magistrate whereby charges under Section 288/336 IPC and alternate charge under Section 427 IPC had been ordered to be framed against the accused persons and also the order dated 25.02.2016 passed by the learned Additional Sessions Judge whereby the revision petitions filed by the petitioners were dismissed.

(3.) The facts in brief are that the FIR of the instant case was registered on the basis of complaint made by Sh.Deepak Gupta, General Manager, Symphony Celebrators Pvt. Ltd, D-11, Udyog Nagar, Main Rohtak Road, Delhi. It was alleged that excavation work was going on in the neighbouring plot no.D-12 of basement near the boundary wall of plot no.D-11. During excavation, left side wall of plot no.D-11 crumbled down. Despite repeated requests to the owners of plot no.D-12, they kept on excavating.