IN RE: DILIP CHANDRA CHATTERJEE Vs. STATE

JUDGEMENT

(1.) This application for anticipatory bail under Sec. 438, Cr. P.C. has been filed in this Court on 21 -6 -89 by one Dilip Ch. Chatterji, apprehending arrest in Bhowanipore P.S. (sec. T) Case NO. 323 dated 20th June, 1989 under Sec. 304, read with Sec. 120B of I.P.C. This case has since been taken over by the detective Department Lalbazar of the Calcutta Police am Ss. 467/468/471, I.P.C. have been added to the F.I.R. on 2 -7 -89 by amending the same and the learned S.D.J.M, Alipore has been intimated regarding the said amendment on 3 -7 -89, as submitted by the learned Advocate General appearing for the State. It is not in dispute that the petitioner is a licensed Building Architect of the Calcutta Municipal Corporation.

(2.) On 19 -6 -89 at about 10.30 P.M. a newly constructed multi -storeyed building 32A, Dr. Rajendra Road collapsed, as a result of which, 10 persons who could not be evicted at the time of construction and who were residing at the ground floor level were killed and 8 injured. None of the flat owners had luckily moved in till then. General Diary Entry NO. 2295 of 19 -6 -89 at 22/35 hours of Bhowanipore P.S. (Section "T") records that O.C., Central Control Room rang up to say that a multi -storeyed building had collapsed at Dr. Rajendra Road and that, accordingly, the O.C. "T" and Duty Officer were informed. This entry was made by an A.S.I. of Sec. "T". The F.I.R. in this case was lodged on 20 -p -89 at 6.15 A.M. on the return of the O.C. "T" and force from the scene of occurrence, against Pradip Kundalia of 3, Woodburn Park, the Promoter of the collapsed buildings and others, who were all alleged to be absconding, It was stated in the F.I.R. as it then stood prior to its amendment on 2nd July, 1989 that accused persons entered into a criminal conspiracy and built up a multi -storied building with substandard materials with full knowledge to gain more profits and thereby paused death to two persons and 3 persons were injured up to that time due to the collapse of the said building which was the result of their said act. The collapsed building also caused damage to the next building. Some more persons were still lying in the debris. Hence, the accused persons were liable under Sec. 304, read with Sec. 120B, I.P.C.

(3.) The newly constructed building in question at 32A, Dr. Rajendra Road had completely collapsed after a height of a few feet from the ground and fell down towards its southern side badly damaging the adjacent building at 47A, Balaram Bose 1st Lane, Smt. Bibhabati Chatterji aged about 65 years unfortunately fell from the first floor during rescue operation and was removed to S.S.K.M. Hospital where she was declared as "brought dead". Two masons, namely, Ram Parichan Kamar and Baijnath Show alleged to be workers employed in the construction of the collapsed building were arrested from 3, Harish Mukherji Road shortly after the collapse by the O.C. "T".