Gujarat High Court
Sitaben Bhavarlal Darji vs State Of Gujarat & on 15 April, 2014
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.MA/5012/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 5012 of 2014
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SITABEN BHAVARLAL DARJI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR NIGAM R SHUKLA, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 15/04/2014
ORAL ORDER
Learned counsel for the petitioner contended that, the property in question, some portion of which collapsed and killed two persons was not in her physical possession, and that because of reparation carried out by electrician sent by one Vishnubhai and Karamshibhai, the portion of building which was already in dilapidated condition collapsed on two persons aforesaid. It was argued that the aforementioned two persons Vishnubhai and Karamshibhai had inducted the tenant in the property in question which fact is also mentioned in the sale deed executed in favour of the petitioner. It was thus argued that she had no role to play in the offence in question. It was also argued that there cannot be any vicarious liability under the criminal law. RULE. Learned APP for first respondent waives service. Adinterim relief in terms of para 20(B). Direct service is permitted.
(G.R.UDHWANI, J.) syed/ Page 1 of 1