STATE OF GUJARAT Vs. SHASHINBHAI KANAIYALAL SHAH

JUDGEMENT

(1.) THE learned Additional City Sessions Judge (Court No.11) Ahmedabad was pleased to allow the discharge application of the accused (A2). The State, being aggrieved by the said order, has preferred the present Revision.

(2.) THE present Revision arises out of an offence registered as I-C.R.No.62 of 2001 before Navrangpura Police Station for offences under Section 304(A), 418, 420 and 120(B) of IPC and for offence under the Gujarat Ownership of Flats Act,1973 and also for alleged violation of the BPMC Act,1949. It is alleged that collapse of building ­ Rutvij Apartment - on 26.1.2001 was on account of use of poor quality of material and the present applicant having associated in the construction of the said building, has committed above referred offences.

(3.) THE learned trial court has elaborately considered the case of the parties. It would also appear that the trial court has also considered the relevant provisions of the Municipal Bye-laws. After considering the rival submissions of the parties, the trial court has recorded that (i) the main allegation of complainant is use of poor quality material in construction (ii) that for the deficiency in construction, liability can be fasten on the builder or a supervisor or a clerk of the work but, the liability cannot be fasten on the structural designer or upon the architect (iii) the applicant, who is a structural designer, cannot be said to have negligent or have shown rashness that would attract Section 304(A) of IPC or the allied provisions and (iv) there is no material on record that would inspire the court to proceed with the present applicant (accused-respondent).