New Delhi, Oct 3 (IANS): The Delhi High Court Thursday dismissed a plea by former Indian Police Service officer Amod Kanth, challenging a trial court's order summoning him in the trial relating to the 1997 Uphaar cinema fire tragedy which left 59 cine-goers dead.

Justice P.K. Bhasin, paving way for the trial in the case, said: "It can not be said that no case was made out for summoning the petitioner (Amod Kanth) as an accused."

The trial court had summoned Amod Kanth on Aug 12, 2010 on plea of Uphaar cinema victims' family members.

He was summoned after the victims' kin alleged that he allowed extra seats in Uphaar cinema hall in south Delhi while serving in the licensing department of Delhi Police.

Challenging the trial court's order, the police officer had said he could not be tried for allegedly allowing extra seats in the cinema hall as sanction to prosecute him was not procured.

Justice Bhasin, rejecting the contention, said: "The petitioner could raise this before the trial court at first instance instead of asking this court first to decide that objection in the petition under section 482 Cr.P.c, so this objection is also left open to be considered by the trial court, if it is raised by the petitioner."

The court also rejected Amod Kanth's contention that there was delay in issuing summons to him, nearly after about two decades. The court also said that there was no merit in his submission that in the trial court, the Central Bureau of Investigation (CBI) had filed closure report in the case and so he could not have been summoned.

The trial court had rejected the closure report of CBI and issued summons against Amod Kanth.

It said there was sufficient material to prosecute Amod Kanth under Indian Penal Code's section 304A (causing death by rash and negligent act), 337 (causing hurt by an act which endangers human life) and 338 (causing grievous hurt by an act which endangers human life).

The trial judge had also observed that there was prima facie evidence to prosecute Amod Kanth under the Cinematograph Act.

Amod Kanth had said the plea was time barred as the act complained of (allegedly allowing 37 extra seats in the cinema hall) pertained to 1979 and the fire tragedy took place June 13, 1997.

The high court was hearing a plea of Association of Victims of Uphaar Tragedy (AVUT) seeking rejection of the CBI report absolving the former IPS officer in the case.