S.MURALIDHAR, J. - (1.) CRIMINAL Revision Petition No. 224 of 2008 by Sushil Ansal challenges an order dated 15th February 2008 passed by the learned Additional Chief Metropolitan Magistrate, New Delhi ("ACMM") taking the cognizance and summoning the Petitioner in FIR No. 207 of 2006 registered at Police Station Tilak Marg, New Delhi.
(2.) CRIMINAL M C No. 1332 of 2008 by Dharam Vir Malhotra, Crl M C No. 1334 of 2008 by Gopal Ansal and Crl M C No. 1378 of 2008 by Prem Prakash Batra each seek an identical relief by challenging the summoning order dated 15th February 2008 passed by the learned ACMM in FIR No. 207 of 2006 and for quashing the supplementary charge sheet filed in the case on the basis of which the summoning order was passed. The background to the present petitions is that on 13th June 1997 while the matinee show of film 'Border ' was being screened at Uphaar Cinema in Green Park, New Delhi, a fire in a transformer at the basement resulted in emission of thick smoke and toxic gases. The result was the death by asphyxiation of 59 persons and injuries to over 100 persons. Sushil Ansal is the former Managing Director of Green Park Theatres Associated Private Limited ( 'GPTAPL ') which had built and established Uphaar Cinema. Gopal Ansal is the brother of Sushil Ansal and a shareholder in GPTAPL. It may be mentioned that Sushil Ansal is also the Chairman of Ansal Properties & Industries Limited ( 'APIL ') which has controlling share holding in GPTAPL.
(3.) INITIALLY an FIR No. 432 of 1997 was registered at Police Station Hauz Khas, New Delhi on the basis of the information/complaint of the aforementioned incident. Subsequently the investigations in the aforesaid FIR were transferred to the Central Bureau of Investigation ( 'CBI ') on 23rd July 1997, pursuant to which CBI registered case No. RC-3(S) 97/SIC-IV/New Delhi. On 15th November 1997 a charge sheet was filed in the aforementioned case against 16 persons named as accused. On 9th April 2001 the trial court framed charges against all 16 persons, of whom 9 were charged under Section 304 IPC and 7 persons under Section 304-A IPC. The revision petitions challenging the order framing of charge were dismissed by this Court by a judgment dated 11th September 2001. The trial proceeded and resulted in the conviction and sentencing of the accused by the learned ACMM. The appeal against the said judgment was disposed of by this Court on 19/12/2008. It is stated that the further appeal against the said judgment is pending in the Supreme Court.;