DIPAKBHAI VRAJLAL MAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Prayer is made to issue appropriate writ, order, direction for quashing and setting aside the order dtd. 21/01/2019 passed by the learned Additional Sessions Judge, Rajkot at Dhoraji in Criminal Revision Application No.52 of 2020 as well as order dtd. 20/06/2018 passed by learned Additional Chief Judicial Magistrate, Dhoraji below Application at Exh.56 in Criminal Case No.768 of 2010 with a further prayer to allow application Exh.56 filed by the petitioner in Criminal Case No.768 of 2010 present before the trial court.

(2.) Mr. P. B. Khandheria, learned advocate for the petitioner took this Court to the deposition of present petitioner. It is submitted by the petitioner in the deposition that the incident had taken place on 20/12/2009 in a function which was organized by Acharya Shri Prabodhkumar Maharaj at Moti Havedi, Dhoraji in religious programme from 13/12/2019 to 20/12/2019 named 'Chhapanbhog Mahotsav'.

(3.) Learned advocate for the petitioner, referring to the evidence at Exh.55 which was recorded during the course of examination in chief of the present petitioner vide Exh.54, submitted that invitation card which is at Exh.55 discloses the name of Acharya Shri Prabodhkumar Maharaj as organizer and inviter. It is submitted that invitation cards were distributed to thousands of people in Dhoraji City as well as in other places. On 20/12/2009, at about 7:00 p.m., chaos was created as thousands of people were gathered outside the gate of the venue, at the place where the programme was organized. It is stated that gates were not open by the organizers of the event and due to that eight ladies died and many were injured in the stampede. One of the lady died in the stampede was mother of the petitioner and according to the petitioner, just to entertain the VIPs and other delegates of the function, the gates were not opened in time for the general invitees and only because of negligence of the organizers, said stampede had occurred.