AJITKUMAR SHANTILAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused of Criminal Case No. 5088 of 1990 registered on the basis of chargesheet filed by Police in CR No.I. 101/84 of Gandhinagar Police Station have by preferring this Criminal Relvision Application u/s 397 of the Criminal Procedure Code, 1973 (for short "Cr. P.C.") challenged the correctness, legality and propriety of the impugned order dated 7-8-1993 passed below the application exh. 34 in the aforesaid criminal case requesting the trial Court to discharge them from the case on the ground that the case initiated against them is time barred.

(2.) The facts leading to this criminal revision application in a nutshell are as follows : On or about 4-4-1984 the accused no. 1 to 5 were the Goverrnment servants and they were serving as Deputy Executive Engineer, Assistant Engineer, Work Charge Clerk, and Work Charge Clerk respectively. As per the complaint lodged by the Police Inspector, Gandhinagar on 4-4-1984 in Gandhinagar Police Station, it is the case of the prosecution that the Government had granted the work order in favour of one Ajit Construction Company for the construction of the complex in Sector No. 13 of Gandhinagar. The accused were supervising the work with regard to the construciton work of the complex. It is alleged in the complaint that at about 11-00 hours that construciton was collapsed and out of the labourers who were present at the site one labourer Lakshmiben died and other laborers sustained injuries. It is the case of the prosecution that because of negligence of the contractor to whom that construction work was entrusted and the accused - present revision petitioners were responsible, as the incident took place as a result of their negligence. The complainant Mr. N.K. Shukla who was present in Gandhinagar Police Station recieved the information, from one P.S.I. Mr. Jadeja and by collecting the information, he lodged the complaint in Gandhinagar Police Station at about 19-15 hours on the same day i.e. 4-4-1984. In that complaint the owner / the partner of Ajit Construction Company was shown as the accused. The complainant has stated that the concerned officers and employees of P.W. Deaprtment, Division No. 4, Gandhinagar were also equally responsible and hence they were cited as the accused in the F.I.R. It is pertinent to note that the complainant did not disclose the name of the present revision petiioners as the accused.

(3.) As submited by Mr. P.K. Jani, learned advocate for the revision petitioners the Investigating Officer conducted the police investigation, before filing the charge sheet agaisnt the accused in the Court of the learned Magistrate, Gandhinagar. As per the information available to the revision - petitioners, the concerned officer submitted an application to the State Government for according sanction to prosecute the accused in the Court. That application was made on 17-1-1988. Pursuant to that application dated 17-1-1988, the State Government accorded sanction to the police to prosecute the accused in the court of law, vide sanction letter dated 9-5-1989. On receipt of that sanction, the Investigating Officer filed the charge sheet against eleven persons including the present five revision pettioners in the Court of the learned Magistrate on 25-10-1990. That charge sheet came to be registered as Criminal Case No. 5088 of 1990.