2024:BHC-NAG:391-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO . 123 OF 20 23 Rahul s/o Rajendra Jain, Aged 43 years, Occ. Business, R/o Kusumkunj, Mangilal Plot, Amravati, Tq. & Dist. Amravati.

... PETITIONER VERSUS

1. The State of Maharashtra through, Additional Chief Secretary, Home Department, Mantralaya, Mumbai 32

2. The Commissioner of Police, Amravati City, Amravati, Amravati Office At Camp, Amravati.

3. PSO City Kotwali Police Station, Amravati.

4. Mrs. Nilima Aaraj, Senior Police Inspector and investigating Officer, Presently Posted at Police Station City, Kotwali, Amravati.

5. Suhas Nandkishore Chavhan (Informant) Aged about – Major, Occu. Service, Presently working as Sub-Engineer, and Inspection Officer, Circle -2, Amravati Municipal Corporation, Amravati.

… RESPONDENTS.

W ITH CRIMINAL APPLICATION NO . 259 OF 20 23 Suhas s/o Nandakishor Chauhan, aged

43 years, Occu. Service, R/o Vidhyut Nagar, Behind V.M.V. College, Amravati, Tq. And Dist. Amravati.

... APPLICANT VERSUS The State of Maharashtra, through : Police Station Officer, City Kotwali Police Station, Amravati, Tq. And Dist. Amravati.

… NON-APPLICANTS.

W ITH CRIMINAL APPLICATION NO . 258 OF 20 23 Ajay s/o Rambhau Vinchurkar, aged 48 years, Occ. Service, R/o Kiran Nagar to Farshi Stop Road, Subhash Colony, Amravati, Tq. & Dist. Amravati.

... PETITIONER VERSUS The State of Maharashtra, through Police Station Officer, City Kotwali Police Station, Amravati, Tq. & Dist.

Amravati.

….NON-APPLICANT _____________________________________________________________

Shri F.T. Mirza, Advocate a/w Shri Shaml J. Kadu, Advocate for the petitioner (in Cri.W.P. 123/2023).

Shri A.S. Mardikar, Senior Advocate a/b Shri Ved Deshpande, Advocate for the applicant. (in Criminal Application Nos.258/2023 and 259/2023.

Shri Anup Badar, Addl.P.P. for the State.

Shri Ishant V. Tambi, Advocate for the Intervener.

______________________________________________________________

CORAM : VINAY JOSHI AND M.W. CHANDWANI , J J .

RESERVED ON : 18.12.2023. PRONOUNCED ON : 11.01.2024.

JUDGMENT : (Per : 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 related activities within the jurisdiction of Amravati Municipal Corporation (for short hereinafter referred to as ‘the Corporation’).

3. A building known as ‘Rajendra Lodge and Commercial Building’ situated at Prabhat Square, Amravati was in dilapidated ruins condition which led to declare it as a dangerous felling in (C-1) category. The Corporation has issued notices to the owner and occupants of the tenement in terms of Section 264, 268 and 397A of the Maharashtra Municipal Corporation Act (for short ‘the MMC Act’). 1^st and 2^nd floor of the building was occupied by a lodging house owned by applicant Rahul Jain. Ground floor consisting of five shops was owned by different persons. The 100 years old building became