JUDGMENT :

1. Heard learned Senior Advocate Mr. J.M. Panchal with Advocate Mr. Nandish Thacker for Thakkar and Pahwa Advocates for the applicants and learned APP Ms. M.D. Mehta for the respondent-State in Criminal Misc. Application No. 5325 of 2013 and learned Advocate Mr. K.P. Raval with learned Advocate Mr. Manav Mehta for the applicants and learned APP Ms. M.D. Mehta for the respondent-State in Criminal Misc. Application No. 25358 of 2017.

2. Issue Rule in Criminal Misc. Application No. 5325 of 2013. Learned APP Ms. Mehta waives service of Rule on behalf of the respondent-State.

3. The applicants of both the applications pray for quashing of the FIR being C.R. No.I- 29 of 2013 registered with Mahidharpura Police Station, Surat, on 28.02.2013, for the offences punishable under Section 304(Part- II), 337, 338 and 114 of the Indian Penal Code.

4. The said FIR which is registered at the instance of the respondent No.2 in both the applications, being the Police Sub Inspector, Mahidharpura Police Station, inter alia alleges that the incident in question had happened near the Delhigate Cross Road, opposite to Amisha Hotel, Lucky Tower, on Una Pani Road, in the jurisdiction of the Police Station concerned with regard to a construction of a flyover on the said road. It is alleged that on 26.02.2013 at 19:15 Hours, when the construction of RCC work a structure of iron cage was being made along with work of tying of vertical iron rods of 25 m.m. in thickness and 18 meters in length and whereas it is alleged that the accused who had taken contract of building the flyover, caused the work be done in an irresponsible manner and whereas an accident had happened when the vertical iron rods had fallen on the iron cage structure, inside which, the workers were working, resulting in death of three workers and injuries sustained by three other workers.

5. The applicants of Criminal Misc. Application No. 5325 of 2013 are the Directors of one M/s Rajkamal Builders Infrastructure Pvt. Ltd., who had entered into a contract for building of the flyover with the Surat Municipal Corporation and the applicants of Criminal Misc. Application No. 25358 of 2017 are the engineers working for M/s S.N. Bhobe Associates Pvt. Ltd., who had entered into a project management contract with the Surat Municipal Corporation.

6. Learned Senior Advocate Mr. J.M. Panchal for the applicants would submit that the applicants of Criminal Misc. Application No. 5325 of 2013, are Directors of the company named hereinabove, and the said company is well known private company established in the year 1979 and whereas it is holding 'AA' Category licence since the year 1999. Learned Senior Advocate Mr. Panchal would submit that the said company has constructed approximately 50 to 60 bridges and flyovers in the State of Gujarat. It is further submitted by the learned Senior Advocate that the company has constructed various flyovers in Ahmedabad also, prominent among them being the flyovers at Shivranjini Cross Road, Helmet Cross Road, AEC Cross Road, and whereas the company has also constructed over bridges in Ahmedabad, prominent among them being the Sabarmati-AEC over bridge and the railway over bridge at Sola, etc.. It is further submitted by the learned Senior Advocate that the work of the over bridge in question was started in the year 2009 and whereas the work order had been revised in the year 2011. Learned Senior Advocate Mr. Panchal would submit that while the work of construction was being carried out, as per supervision of engineers of the M/s S.N. Bhobe Associates Pvt. Ltd. who were engaged as Project Management Consultant. According to the learned Senior Advocate, the incident in question was an accident and whereas the applicants as Directors of the company could not be held vicariously liable for the alleged negligence with regard to incident in question, more particularly the applicants as Directors were neither present at the site nor had they done any act leading to the a