SIDDIQUE BABU I. Vs. STATE OF KERALA

JUDGEMENT

(1.) Short facts leading to this public interest writ petition are as here under;

(2.) Petitioner is a socially spirited entrepreneur, who is considered as one of the experts in the field of glass fitting and facade industry. Petitioner has filed this public interest litigation to invite the attention of this Court to an accident met by one Beena Jiju Paul, aged 46 years old, who bled to death after running head on into the glass door of the Bank of Baroda, Perumbavoor Branch, Ernakulam on 15.6.2020 due to the use of substandard and dangerous annealed glass for the door. Print out of the newspaper reports published in the New Indian Express is produced as Ext.P1.

(3.) Petitioner has submitted that the above tragedy is due to the indiscriminate use of unsafe annealed glass in the transparent front door of entry and exit. According to him, these types of unsafe, rather dangerous, annealed glass doors are there in public, private, domestic and commercial buildings. He further submitted that, such doors are used with the absolute knowledge that it is likely to cause death or such bodily injury. Hence those, who are responsible for the use of this dangerous fittings are liable to be prosecuted for the offence of culpable homicide under section 304 IPC. But the above homicide ended in a FIR registered in Perumbavooor Police Station for the offence under section 174 of the Code of Criminal Procedure, 1973 only.