LAWS(DLH)-2019-3-326

BANARSI LAL GUPTA Vs. STATE (NCT OF DELHI)

Decided On March 18, 2019
BANARSI LAL GUPTA Appellant
V/S
STATE (NCT OF DELHI) Respondents

JUDGEMENT

(1.) Upon consideration of the report (cancellation report) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) dated 05.02.2013, submitted on conclusion of investigation into first information report (FIR) No. 32/2008 of police station Pahar Ganj, the Additional Chief Metropolitan Magistrate (ACMM) took cognizance of offence punishable under Section 431 of Indian Penal Code, 1860 (IPC) and summoned M/s B Rs.Gupta Construction Pvt. Ltd. along with two of its directors including the petitioner (Managing Director) and his wife Aruna Gupta (Director) as accused.

(2.) The said two persons including the petitioner assailed the said order of summoning by Crl. Rev. No. 39 and 40 of 2016 in the Court of Sessions. While the prayer of Aruna Gupta was accepted, the summoning order against her being vacated, the revisional court, by its order dated 11.08.2016 declined to interfere with the remaining order, questioning which view the present petition was filed invoking the inherent powers and jurisdiction of this Court under Sections 482 and 483 Cr.P.C.

(3.) The FIR had been registered on 09.02.2008 on the complaint of Assistant Sub Inspector Preet Pal Singh, a police official posted at the relevant point of time in the police station. The allegations in the FIR concerned certain cracks that had come to his notice in a public road (DBG Road, leading to LIG/MIG/HIG flats in Motia Khan), abutting a plot of land bearing No. 1, Motia Khan, Pahar Ganj where some excavation work was underway at the instance of M/s B.L. Gupta Construction Pvt. Ltd. As per the allegations in the FIR, such cracks had developed on account of appropriate directions not having been taken for the digging work to the extent of 15 meters, the cracks exposing the public at large using the said public road to the possibility of accidental loss of life, limb or property. The FIR indicated possible offences committed by such acts of commission or omission to be those punishable under Sections 336 and 431 IPC and Section 3 of Prevention of Damage to Public Property Act, 1984.