LAKHAN TOMER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Dileep Kumar and Sri rajiv Gupta, learned counsels for the petitioners and learned A. G. A. for the State.

(2.) THE prayer in the instant writ petition is for quashing the orders dated 1 -7-2006, annexure-VII to the writ petition, passed by chief Judicial Magistrate, Meerut and 1-8-2007, annexure-IX to the writ petition, passed by Sessions Judge, Meerut. The second prayer is for a direction in the nature of mandamus for release of the petitioners under proviso of Section 167 (2) of Criminal procedure Code, in case crime No. 95 of 2006, Police Station Civil Lines, Meerut.

(3.) THE petitioner Nos. 1, 2 and 3 are partners of a firm in the name and style of M/s mirnal Events and Exposition having its registered office at 31 Sarvodaya Colony, Civil lines, Meerut. The petitioners organized a show of electronics/electrical/mechanical gadgets of the products of a number of manufacturing companies to educate the public at large imparting technical awarenesss of utilizing various products of the aforesaid traders. The show was inaugurated on 6-4-2006. On 10-4-2006, suddenly the temporary structure erected caught fire which resulted in casuality of 64 lives and left a huge number of injured visitors. A first information report was registered at case crime No. 95 of 2006, under sections 304-A, 337, 338, 427 I. P. C. Police station Civil Lines, Meerut against the petitioners. The petitioner No. 1 surrendered on 27-4-2006, petitioner No. 2 on 28-4-2006 and petitioner No. 3 on 30-4-2006 before the Chief Judicial Magistrate, Meerut and were remanded to judicial custody. Objections were raised before the Remand Magistrate that no offence under the Penal Code is made out and, therefore, they are entitled for release forthwith. The objections were rejected by the Magistrate and the petitioners were granted remand. The bail applications of the petitioners were rejected by the chief Judicial Magistrate as well as the court of Sessions Judge. As mentioned in the writ petition, the bail application has been heard by this Court and order was reserved. Thereafter the bail was listed for further hearing but the final orders are still awaited.