STATE OF GUJARAT Vs. VIJAYBHAI H GAJJAR

JUDGEMENT

(1.) The present revision by the applicant-State under Sec.397 read with Sec.401 of Code of Criminal Procedure, 1973 ('the Code' for short) challenges the respective orders passed by the learned Addl. City Sessions Judge, Ahmedabad, against discharge of the respondent, who was serving as Structural Engineer with the Ahmedabad Municipal Corporation at the relevant point of time.

(2.) The facts in short are that in pursuance of devastating earthquake occurred in the morning of 26-1-2001 in the entire State of Gujarat, the building known as Shantanu Residency Apartments in Maninagar area of Ahmedabad was collapsed causing death of 42 persons and injuries to 17 persons. It was alleged that due to poor quality of material used in the construction of said building, said building was collapsed and hence, a complaint was lodged with Maninagar Police Station inter alia alleging that the respondent in collusion with other accused persons acted against the bye-laws and rule of Ahmedabad Municipal Corporation. The complaint was registered under various Sections of IPC, Gujarat Ownership of Flat Act as well as under the provisions of B.P.M.C. bye-laws and ISI Code and police started investigation. At the end of investigation, as there appeared prima-facie case against the accused, charge sheet was submitted against the accused in the Court.

(3.) The respondent-accused filed application under Sec.227 of the Code before the learned City Sessions & Special Court, Bhadra at Ahmedabad for discharging from the offences levelled against him. Said application was allowed by the learned Addl. Sessions Judge, City Sessions Court, Ahmedabad, which is giving rise to the present revision by the State.