In Brief
A hotel guest fell from a terrace at Hyatt Regency Hotel, suffering grievous injury. Criminal proceedings were initiated against the Managing Director and General Manager under IPC sections on rash/negligent conduct, as well as COTPA provisions. The Supreme Court held that the Managing Director cannot be prosecuted solely based on his corporate position without specific allegations of active criminal role; vague allegations that he chaired board meetings do not establish nexus with negligence. The Court also quashed charges under COTPA against both accused, as the hotel had provided a designated smoking area elsewhere, mere unauthorized use elsewhere did not constitute violation. However, the General Manager's liability for operational negligence remained for trial examination.
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