RAHUL RAJENDRA JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By invoking inherent jurisdiction of this Court, the petitioner/applicants are seeking to quash the First Information Report bearing Crime No.540 of 2022 registered with the Kotwali Police Station, Amravati City for the offence punishable under Sec. 304-A, 308 read with Sec. 34 of the Indian Penal Code ('IPC'). All proceedings relating to the same First Information Report ('FIR) raises a common issue for consideration hence, they are taken together for disposal.

(2.) Since anticipated things happened at the cost of five human lives we recall a proverb 'Think of devil and devil is here'. An old dilapidated building consisting of ground plus two floors collapsed on 30/10/2022 claiming life of five innocent labourer. Initially, the crime was registered under Sec. 304-A of the IPC at the instance of applicant Suhash Chauhan a Deputy Engineer (designated Officer) at Municipal Corporation, Amravati, who has been arraigned as an accused during the course of investigation. Applicant Suhas Chauhan was the Executing Authority of the administrative orders passed by the Municipal Commissioner. He owns a responsibility of regulating the construction and other related activities within the jurisdiction of Amravati Municipal Corporation (for short hereinafter referred to as 'the Corporation').

(3.) A building known as 'Rajendra Lodge and Commercial Building' situated at Prabhat Square, Amravati was in dilapidated ruins condition which led to declare it as a dangerous felling in (C-1) category. The Corporation has issued notices to the owner and occupants of the tenement in terms of Sec. 264, 268 and 397A of the Maharashtra Municipal Corporation Act (for short 'the MMC Act'). 1st and 2nd floor of the building was occupied by a lodging house owned by applicant Rahul Jain. Ground floor consisting of five shops was owned by different persons. The 100 years old building became dangerous and declared so. Ground floor occupants have procured a Structural Engineers Stability Certificate of the ground floor premises. In response to the notices, 1st and 2nd floor was demolished by its owner applicant Rahul Jain on 23/7/2022. However the ground floor portion was not demolished. One of the shop owner Mr. Shaha started repairs work which resulted into collapsing of entire structure. In said mishap five workers burried under debris and died.