STATE OF GUJARAT Vs. RAJIV MADHUKANT SUTTARIA

JUDGEMENT

(1.) The present revision by the applicant State under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 challenges the order passed by the learned Additional City Sessions Judge, City Sessions Court No.11, Ahmedabad, in Sessions Case No.39 of 2007 below Exhibit 2 dated 5.12.2007 against discharge of the respondent, who is builder, has constructed "Shitalbag Apartment".

(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, the building known as "Shitalbag Apartment" was also collapsed and six persons were died and several persons sustained injuries and hence, the complaint being C.R. I 83/ 2001 was lodged with Ellisbridge Police Stations for the offences under Sections 304, 418, 420, and 120(B) of Indian Penal Code and Sections 3(2), (c), (e), 7(1), (i) (ii) 2 read with Sections 42 and 43 of the Gujarat Ownership of Flat Act, 1973 and Section 257, 392, 458 and 461 of the BPMC Act inter alia alleging that the builder i.e. present respondent, who had acted against the bye-laws and rule of Ahmedabad Municipal Corporation. At the end of investigation, as there appeared prima facie case against the accused, charge sheet was submitted against the accused in the Court.

(3.) The respondent-accused filed application under Section 227 of the Code before the learned City Sessions Court, Ahmedabad for discharging him from the offences levelled. Said application was allowed by the learned Additional Sessions Judge, City Sessions Court, Ahmedabad, which is giving rise to this revision by the State.