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2015 Supreme(Guj) 2404

J.B.PARDIWALA
Madhavji Dhanjibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. S.V. Raju, Sr. Counsel With Mr N.M. Kapadia, Advocate.
For the Respondent: Mr. K.L. Pandya, Addl. Public Prosecutor.

ORDER :

J.B. Pardiwala, J.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused, seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No. 58594/14, pending in the Court of the learned Chief Judicial Magistrate, Surat, arising from C.R No. I-151 of 2014 registered with the Umra Police Station, Surat, for the offence punishable under Section 304 Part-II, read with Section 114 of the IPC.

2. The case of the prosecution in brief is as under:-

2.1 The applicant before me is an Architect by profession. A building in the name of "Kanaiya Palace", situated at Ghoddod Road, Surat was constructed in the year 1998, to be precise, the construction had commenced in the year 1994 and the same was completed in the year 1998. The applicant had rendered his services as an Architect for the purpose of construction of the said building. In the year 1998 when the construction was completed, it was an eight-storeyed building. On 29th April, 2014, a portion of the slab of flat No.604 collapsed, as a result of which the slabs of the drawing rooms of the other five flats also collapsed. Three per

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