B S SURESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.1 and 2 are before this Court calling in question the proceedings in C.C.No.56902/2019, registered for offence punishable under Sec. 285 of the IPC and Sec. 25 of the Karnataka Fire Force Act, 1964.

(2.) Heard the learned Senior counsel Sri.Sandesh J. Chouta, appearing for the petitioners and the learned Additional State Public Prosecutor appearing for the respondents.

(3.) The subject building is said to have been constructed in terms of the sanction plan and a completion certificate is also in place on 27/12/2005. It is a commercial complex. In a public interest petition before the Division Bench in W.P.No.38073/2010, a general direction was issued to the fire department to put in place preventive measures for high rise buildings by issuance of a notification under Sec. 13 of the Karnataka Fire (Services) Force Act, 1964. Long thereafter, the first petitioner purchases the commercial complex on 5/2/2014 and in terms of the revised master plan, certain safety measures were taken in compliance with the Act, is the averment in the petition. The Fire Department is said to have inspected the premises on three dates. On 31/12/2017, 5/1/2018 and the last, on 31/1/2018. Later, on 2/4/2019, the Department registers the complaint before the jurisdictional police for offence punishable under Ss. 285 and 336 of the IPC. The said registration of the crime was called in question before this Court in Crl.P.No.4604/2019. A co-ordinate Bench of this Court had granted an interim order of stay of all further proceedings on 9/9/2019. Long thereafter, on 11/10/2019, the Police filed a charge sheet before the concerned Court and the concerned Court registers the same as C.C.No.56902/2019. Summons was issued to the petitioners on 6/10/2023. It is then they realize that despite the subsistence of the interim order, a charge sheet was filed by the Police. The said petition was withdrawn and the present petition was filed before the Court, after securing such liberty from the hands of this Court.