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2024 Supreme(Bom) 85

VINAY JOSHI, M. W. CHANDWANI
Rahul S/o. Rajendra Jain – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Shri F.T. Mirza, a/w Shri Shaml J. Kadu, Shri A.S. Mardikar, Sr. Adv. a/b Shri Ved Deshpande.
For the State : Shri Anup Badar, Addl. P.P.
For the Intervener : Shri Ishant V. Tambi.

JUDGMENT :

Vinay Joshi, J.

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 Section 304-A, 308 read with Section 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 Section 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 r

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