MAGANBHAI SHAMJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Cri. Misc. Application is filed by the petitioner-original accused Maganbhai Shamjibhai Patel, against the judgment and order dated 02.12.2004 passed below Exh.19 in Sessions case No.86/2001 by the ld. Addl. Sessions Judge, Ahmedabad City whereby ld. Addl. Sessions Judge dismissed the said application preferred under section 227 of CrPC praying discharge and also praying to quash the chargesheet filed in CR No.45/2001 registered with Maninagar Police Station Ahmedabad.

(2.) It is the say of the petitioner that initiation of the proceedings for the offences punishable under sections 304, 308, 418, 420, 427, 120B(1) of Indian Penal code, and sections 3(2)(c)(d), 7(1)(i)(ii)(2) read with section 42 of Gujarat Ownership of Flat Act, 1973, is bad and the petitioner could not have been prosecuted for any of the above-said offences and he has been wrongly chargesheeted by the Investigating Agency in connection with the offence being CR No.45/2001 filed by one Shri Nimeshbhai Bharatbhai Shah.

(3.) "(i) The brief facts of the prosecution against the present petitioner are that during massive earthquake that struck the State of Gujarat on 26.01.2001, a building known as Mangalam Apartment was seriously damaged and major portion of the said building collapsed. It is the say of the prosecution on the strength of the allegations made in the complaint as well as in the papers of investigation, that the petitioner is the responsible person for the collapse of the building as the super-structure had collapsed because of irresponsible pattern of construction and certain omissions and commissions in constructing the building which ultimately collapsed resulting into the loss of lives and properties of the individuals who were occupying the flats in the said apartment. (ii) As per the say of the prosecution witnesses, Mangalam Apartment was lacking in quality of construction and 22 people expired and about 14 persons sustained injuries.That the occupants of the flats namely one Banjul Chanda Pillar and Kiri Valhalla Patel had complained about the poor quality of construction much prior to its collapse and also regarding irregularities in constructing the building."