( 1 ) THE brief facts of the present petition are as under :- the Senior PSI Mr. K. S. Patel of Billimora Police Station filed complaint against the petitioner accused and one Bhaumik Anilbhai Shah. According to the prosecution case, the petitioner No. 1 is the builder and the accused No. 2 is Architect. It is also the case of prosecution that these accused had undertaken the construction of Jalaram Complex consisting of four buildings. It is the case of the prosecution that Jalarm Complex B-1 was completed and occupied by members, whereas Jalarm Complex B-2 was under construction. According to prosecution case, one person had come with Camel Cart to unload `kota stones at Jalaram Complex B-2 unit. According to further case of prosecution the accused No. 2 had prepared the plans and maps of the construction of the said premises and accused No. 3 is the Structural Engineer. It is also prosecution case that the accused carried out the construction in violation of rules and regulations and had also not undertaken the required test before commencing construction. According to the further case of prosecution that on 26th January, 2001 witnessed the unprecedented earthqua