VIJAY MAFATLAL SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Cri. Misc. Application is filed by the petitioners-original accused namely (i) Vijay Mafatlal Solanki and (ii)Dilip Mafatlal Solanki against the judgment and order dated 02.12.2004 passed below Exh.14 in Sessions case No. 104/2001 by the ld. Addl. Sessions Judge, Ahmedabad City whereby ld. Addl. Sessions Judge dismissed the said application preferred under section 227 of CrPC praying discharge and also praying to quash the chargesheet filed in CR No.44/2001 registered with Ellisbridge Police Station Ahmedabad.

(2.) It is the say of the petitioners that initiation of the proceedings for the offences punishable under sections 304, 418, 420, 114 of Indian Penal code, and sections 3(2)(c)(d), 7(1)(i)(ii)(2) read with section 42 and 43 of Gujarat Ownership of Flat act, 1973 and under sections 257, 392, 458, 461 of BPMC Act,1949, is bad and the petitioners could not have been prosecuted for any of the above-said offences and he has been wrongly chargesheeted by the Investigating Agency in connection with the offence being CR No.44/2001 filed by one Shri Dipakkumar Maganlal Shah.

(3.) "(i) The brief facts of the prosecution against the present petitioner are that during massive earthquake that struck the State of Gujarat on 26.01.2001, a building known as Jasoda Park Appartment situated in Ellisbridge area of Ahmedabad city was seriously damaged and major portion of the said building collapsed. It is the say of the prosecution on the strength of the allegations made in the complaint as well as in the papers of investigation, that the petitioners are the responsible person for the collapse of the building as the super-structure had collapsed because of irresponsible pattern of construction and certain omissions and commissions in constructing the building which ultimately collapsed resulting into the loss of lives and properties of the individuals who were occupying the flats in the said appartment. (ii) As per the say of the prosecution witnesses, Jasoda Park Appartment was lacking in quality of construction and 05 people expired and about 02 persons sustained injuries. That the occupants of the flats namely one Banjul Chanda Pillar and Kiri Valhalla Patel had complained about the poor quality of construction much prior to its collapse and also regarding irregularities in constructing the building."