BHAVESH K PARIKH Vs. STATE

JUDGEMENT

(1.) THE petitioner/Accused has filed the above Criminal Original Petition to call for the records in C.C.No.1487 of 2006 on the file of the XXIII Metropolitan Magistrate Court, Saidapet and quash the same.

(2.) THE prosecution case is that one Satish, Son of Chandrasekar had lodged a complaint against 6 accused persons before the respondent police on 12.08.2003. THE said complaint reveals that the complainant's daughter, one Sidhartha, a female child aged about 8 years, while she was using the lift, due to malfunctioning of the lift, fell down and her head was injured. Immediately, the neighbours took the child to the nearest Private Hospital, where she was declared dead. THE incident happened due to malfunctioning and non-maintenance of the lift. Hence, the case was registered against the association office bearers and maintenance caretakers of the lift. Hence the criminal case was registered. THE complaint was enquired into and investigated and charge sheet also has been filed.

(3.) THE Court is of the view that in the said case, due to gross negligence and insufficiency of service of the lift, by the persons involved in the Maintenance of lift, that the incident had happened. Hence, the Criminal Case has to be tried to ascertain the reasons for the incident.