Bombay High Court
Dharmendra Laxmishankar Tiwari And Ors vs The State Of Maharashtra on 20 October, 2021
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Digitally 27-REVN-146-2020.odt
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2021.10.21 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
16:19:54
+0530 CRIMINAL APPELLATE JURISDICTION
REVISION APPLICATION NO.146 OF 2020
Dharmendra L. Tiwari
and Ors. ... Applicants
Vs
The State of Maharashtra ... Respondents
...
Mr. Sandeep Kumar Singh for the Applicants. Mr. A.R.Patil , APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : OCTOBER 20, 2021.
P.C.:
Heard learned counsel for the applicants and the Prosecutor for the State.
2 Prosecution case in brief is that the, applicants were the, employees of M/s. J. Kumar Infraprojects Ltd., which had undertaken pilling work, at construction site. This work was entrusted, to M/s. J. Kumar Infraprojects Ltd. by Shivgan 1/3 27-REVN-146-2020.odt one M/s. Kashimira Ceramics Products - LLP. Indisputably, construction site (a plot of land) was demarcated by a wall constructed by Mr. Vispute, eventually owner of the adjoining plot. It appears, M/s. J. Kumar Infraprojects Ltd. had extended facility to site workers to stay in temporary shades constructed on the site taking support of the boundary wall. In July, 2021, due to heavy rains, wall collapsed on the temporary shades and ten labourers died. On a report, Crime No.198 of 2011 was registered under Sections 304, 338 and 34 of the Indian Penal Code, 1860 against the applicants and one, Mr. Mitenkumar Bhanudas Pandya, site supervisor of M/s. J. Kumar Infraprojects Ltd. Admittedly, the wall that collapsed was constructed by Mr. Vispute without permission, of local authority. It was unauthorised construction. Although it was alleged that M/s. J. Kumar Infraprojects Ltd. constructed temporary shades/houses, on the site for its workers, but admittedly wall had collapsed due to heavy rains. Evidence on record does not suggest that the applicants, being employees of Shivgan 2/3 27-REVN-146-2020.odt M/s. J. Kumar Infraprojects Ltd. had either constructed temporary shades, taking support of wall or they were knowing that, it was unauthorised wall or it would not sustain in heavy rains. It may also be stated that applicants herein were either supervisors, site engineers and/or workers at site. Therefore, prima-facie, there is no sufficient ground for proceeding against the applicants-accused under Section 304, 338 read with Section 34 of IPC. 3 For these reasons, Revision Application is admitted and relief is granted in terms of the prayer clause ( c ), which reads as under:
"c) Pending the hearing and final disposal of this petition, all further proceedings in Sessions Case No.230 of 2012 in the file of learned Additional Sessions Judge 3, Thane, be kindly stayed."
(SANDEEP K. SHINDE, J.) Shivgan 3/3