STATE OF GUJARAT Vs. JIGNESHBHAI BHARATBHAI GANDHI

JUDGEMENT

(1.) These two revisions 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 respondents, who are serving as Structural Engineers 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, various buildings were collapsed causing death and injuries to several persons. It was alleged that due to poor quality of material used in the construction of those buildings, many buildings were collapsed and several persons were either died or sustained injuries and hence, various complaints were lodged with various Police Stations inter alia alleging that the builders in collusion with other accused persons acted against the bye-laws and rule of Ahmedabad Municipal Corporation. These complaints were 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 sheets were submitted against the accused in the Court.

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