RAJNEESH KLER Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 seeks the quashing of FIR No. 153 of 2007 under Section 285/304 -A/34 IPC registered at Police Station R.K. Puram and all proceedings consequent thereto. It also questions the charge sheet dated 27th August 2007 filed by the respondent in the matter.

(2.) THE facts leading to the filing of this petition are that on 8th March 2007 an information was recorded at Nanakpura, PS R.K. Puram, New Delhi at 5.30 pm through telephone that in a cultural programme organized at the Moti Lal Nehru College, a boy who was demonstrating a performance "fire from mouth" on stage had suffered burns consequent upon his cloth getting fire. On receiving this information, SI Mahabir Prasad reached the College and found that some portion of the carpet on the stage and on the rear side of the stage burnt shoes and clothes of the person who had got injured were found. On reaching the Safdarjung Hospital the SI found that the injured Prithvi s/o Tribhuvan aged 22 years had been admitted. The doctor on duty had opined that the injured was unfit to make a statement. SI gathered information about the incident from the college students present at the hospital and from other people present on the spot. The accident had happened when the injured was performing a dangerous stunt of filling his mouth with oil and throwing it on a burning fire torch due to which his clothes caught fire and he received injuries. The allegation was that the organizers of the programme had been negligent in not making sufficient arrangements for extinguishing the fire. On this basis an FIR under Section 285/338/34 IPC was registered.

(3.) IT appears that while the investigation was in progress, a letter was sent by one Dr. V.S. Deshpandey to the Additional Chief Metropolitan Magistrate (ACMM), Patiala House Courts, New Delhi for taking cognizance of the offences under Section 304 -A/201 read with 120 -B IPC. The learned ACMM summoned the SHO Police Station R.K. Puram along with a preliminary report. The status report was filed on 20th July 2007 before the ACMM. In the said status report the police informed the learned ACMM as follows: