STATE OF GUJARAT Vs. POPATBHAI NATHABHAI PATEL

JUDGEMENT

(1.) Present is a petition under Article 226 of the Constitution read with Section 482 of Code of Criminal Procedure (Code for short) against the order dated 16th February, 2010 passed by the learned Additional City Sessions Judge, City Civil Court No.8, Ahmedabad vide which respondent No.1 has been discharged from the charges levelled against him by Metropolitan Magistrate, Court No.5 in Criminal Case No.1882 of 2009.

(2.) Brief facts of this case are that a complaint was filed, inter-alia, stating therein that on account of poor and low quality material used by the main builder in collusion with the co-accused persons, the building known as 15th August Avenue on account of devastating earthquake which took place on 26.01.2001 in the morning in the State of Gujarat including the city of Ahmedabad, collapsed and forty two persons died and seventeen persons sustained injuries. In view of the aforesaid facts, the complaint was filed that the main accused along with present respondent No.1 and other persons have acted against byelaws and rules of the Ahmedabad Municipal Corporation and made the construction of poor quality material and therefore, people have suffered loss of life.

(3.) After investigation, the Challan was presented in the Court and charge was framed against the accused person/s including the respondent No.1. During the pendency of the proceedings, application dated 16.11.2009 was moved by respondent No.1 seeking discharge from the proceeding. This application came to be rejected by the Metropolitan Magistrate, Court No.5 by an order dated 2.12.2009. Against this order, Criminal Revision Application No.34 of 2010 was preferred before the City & Sessions Judge, Ahmedabad on 21.1.2010. This revision came to be allowed by impugned order dated 16.2.2010. Because of the discharge of the accused, State has come in appeal which is pending before this Court.