STATE OF GUJARAT Vs. VASANTBHAI GANAPATLAL SONI

JUDGEMENT

(1.) THE respondent, who is admittedly, structural engineer, employed by Ahmedabad Municipal Corporation, had been charged, amongst other accused for the offences punishable under Sections 304, 418, 420 and 120B(1) of the Indian Penal Code and under Section 3 (2) (c) (d), 7 (1) (I) (ii) 2 read with Section 42 of the Gujarat Ownership of Flats Act, 1973, on the complaint being lodged alleging negligence in the construction of building in question, which had collapsed due to devastating earthquake on 26/01/2001.

(2.) THE respondent applied for his discharge from the aforesaid charges mainly on the ground that by virtue of his duties narrated in the bye -laws, he was not expected to supervise and to ensure the construction of the building in question in accordance with the plans and structure approved by him and that it was the duty of the Supervisor and Clerk to ensure that the structure comes up as prescribed in his structural design and it is they who were obliged under the bye -laws to issue Building Use Permission on their satisfaction of the builder having complied with all the rules and regulations and bye -laws. The learned Additional City Sessions Judge, City Sessions Court No.11, Ahmedabad after looking into the evidence produced before the Court with the charge -sheet and hearing the parties, ordered the respondent to be discharged from Sessions Case No.64 of 2007.

(3.) THIS order has aggrieved the petitioner - State.