STATE OF GUJARAT Vs. NILESHKUMAR RUPAJI BARANDA

JUDGEMENT

(1.) The present set of revisions by the applicant State under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 challenges the respective orders passed by the learned Additional City Sessions Judge, Ahmedabad, against discharge of the respondents, who were serving with the Ahmedabad Municipal Corporation.

(2.) The facts in short are that in the aftermath of a devastating earthquake occurred in the morning of 26.1.2001 in the entire State of Gujarat, many number of buildings were collapsed causing death and injuries to several persons. It was alleged that due to poor quality of material used in the construction, many buildings were collapsed and several persons were either died or sustained injuries and hence, several 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 sheet was submitted against each of the accused in the Court.

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