MUKESH KRISHNAJIVAN SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners are the officers of the Ahmedabad Municipal Corporation, respondent No.3 herein. They seek quashing of complaint Annexure A. The complaint has been filed by the father of an unfortunate child aged about 10 years, who died in accidental death. It appears that in the sewage treatment plant set up by the Corporation in one of the areas of the City of Ahmedabad, the boy fell down and suffocated to death. It is the case of the complainant that this unfortunate accident occurred on account of negligence on the part of the Corporation and its officers and the petitioners who are the Additional Chief Engineer and Chief Fire Officer respectively of the Corporation alleged to have committed offence punishable under section 304A of the Indian Penal Code.

(2.) This petition was heard on several occasions. Suggestions and counter suggestions were made. It is not in dispute that though the walls of the sewage treatment plant are quite high, the top portion thereof was not covered. Counsel for the petitioners had stated that there are several such treatment plants situated in the City of Ahmedabad. So that such mishaps may not recur, suggestions were made and the counsel for the petitioner as well as respondent No.3 submit that the issue has been taken by the AMC in all seriousness and a decision has also been taken to construct new boundary wall covering the sewage treatment plant and funds are also allocated for the said purpose.

(3.) Counsel for the original complainant under instructions stated that even if strict criminal liability may not attach against the petitioners for the unfortunate death of son of the complainant, the petitioners and the Corporation cannot escape the liability to pay compensation to the family of the deceased.