USMAN Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 11-10-1991 in Crl. M. P. No. 4788 of 1990 in S.C. No. 127 of 1990 on the file of XVth Assistant Sessions Judge, Madras, dismissing the petition filed by the petitioners/A-1 and A-2, to discharge them under S. 227, Cr. P.C.

(2.) In 1989, the Inspector of Police, Periamet, filed a charge sheet before the Vth Metropolitan Magistrate, Egmore, Madras, against the petitioners/A-1 and A-2, for the offences u/Ss. 436 and 436 read with 34, I.P.C., respectively, alleging that due to their deliberate negligence innot putting off the main switch in their shops at Moore market buildings on 29-5-1985 around 00.15 hours-midnight, the fire broke out from the above two shops due to the melting of the metal wires, insulation materials etc. kept at the above shops, which got fused and due to which the above two shops, the adjoining shops and the parts of Moore market buildings got completely damaged, causing loss of property estimated at about six crores.

(3.) After committal to the trial Court, the case was taken on file and renumbered as S.C. No. 127 of 1990. On 20-11-1990, the petitioners/A-1 and A-2 filed a petition under S. 227, Cr. P.C., requesting for discharge, mainly on the ground that there is no material to frame any charge against them.