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2000 DIGILAW 467 (CAL)

Ajit Kr. Gulati v. State of West Bengal

2000-09-08

RANJAN KUMAR MAZUMDAR

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JUDGMENT The instant Criminal revisional application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner 5hri Ajit Kumar Gulati with a prayer for quashing the investigation started by the Ranigunj Police Station against him in connection with Ranigunj P. S. Case No. 68 dated 26.4.91 under Sections 338/304A/427 of the Indian Penal Code. 2. The case of the petitioner was in brief that he was one of the Directors of M/s. Eastern Coalfields Limited and that he was appointed as Director (Technical) of the said concern vide letter of appointment dated 10.4.91. The further case of the petitioner was that he was a highly educated person and even visited France and U. K. for his training in Modern Mines Technology. But, unfortunately, it so happened that within a period of about 12 days from the date of his joining the Eastern Coalfields Limited, a 'C' type residential building located at Chapuikhas Colliery collapsed all of a sudden causing serious injuries to the de facto complainant-informant, his wife and his brother-in-law and also causing the death of the complainant's sister and daughter. Such a 'C' type residential accommodation as collapsed was allotted to the de facto complainant-informant, who while lodging F.I.R. in respect of the present incident, alleged that although he made several representations before the authorities concerned about the dilapidated condition of the building, but no tangible result flowed therefrom. Ultimately, the said dilapidated building prematurely collapsed on 23.4.91 injuring three persons and killing two other persons. In the F.I.R. de facto complainant-informant even alleged that all his household materials including ornaments, clothing etc. were buried in the earth and lost. According to the petitioner he had no hand in such premature collapse of the building inasmuch as the building in question was constructed as long back as in 1983 when the petitioner was not at all in picture as he joined the Eastern Coalfields Limited only on 11.4.91, i.e about 12 days before the unfortunate incident. Besides, according to the petitioner, a Committee of Enquiry was appointed by the Management for fixing responsibility in the matter and such a Committee gave its findings to the effect that the Contractor, Executive and Supervisory Staff, who worked in connection with the construction of the fateful building during 1981 and 1983 were responsible for such collapse. Besides, according to the petitioner, a Committee of Enquiry was appointed by the Management for fixing responsibility in the matter and such a Committee gave its findings to the effect that the Contractor, Executive and Supervisory Staff, who worked in connection with the construction of the fateful building during 1981 and 1983 were responsible for such collapse. To be specific, according to the said Committee of Enquiry, the General Manager, Area Manager (Civil), Colliery Engineer (Civil) and Overseer (Civil), who were in service during the period of construction in 1983 were responsible for such building-collapse. According to the petitioner there was no allegation by name against him in the F.I.R. and that there was no material-on-record to connect him with the incident of building collapse. But, nonetheless, the Police were trying to harass and humiliate him and hence the prayer for quashing the proceeding against him. 3. I have had the opportunity of hearing Shri Dilip Dutta, learned Counsel for the petitioner, at length in the matter, but none represented the State in this hearing. 4. The only question requiring consideration was .whether the Criminal investigation started against the petitioner in connection with Ranigunj P.S. Case No. 68• dated 26.4.91 under Sections 338/304A/427 of the I.P.C. should be quashed or not against the petitioner. 5. At the time of hearing, Shri Dutta, learned Counsel for the petitioner, vehemently submitted that his client was totally innocent and had no hand in the matter of the 'C' type building-collapse on the fateful day of 23.4.91 inasmuch as the petitioner joined the Eastern Coalfields Limited only on 11.4.91, i.e. about 12 days before the alleged date of occurrence. It was further submitted by him that the fateful building which collapsed was constructed long back between 1981 to 1983. He further submitted that at the relevant time a Committee of Enquiry was appointed to go into the question of such building collapse and they submitted a report to the management. He submitted that according to the report of the said Enquiry Committee, the Contractors, Executive Officers and Supervisory Staff, who were connected with the construction of the said building in 1981 and 1983 were responsible in the matter. He further submitted that there was no allegation against his client by name in the F.I. R. and that there was no material-on-record to connect his client with the alleged incident of building collapse. He further submitted that there was no allegation against his client by name in the F.I. R. and that there was no material-on-record to connect his client with the alleged incident of building collapse. But, nonetheless, he submitted that the Police were trying to harass the petitioner. He, therefore, urged upon this Court for quashing the instant Criminal investigation against his client. 6. It appears prima facie from the written complaint lodged by the de facto complainant-informant on 26.4.91 that an incident of collapse of a 'C' type residential Company building occurred on 23.4.91 at about 5 p. m. causing serious bodily injuries to the de facto complainant in formant, his wife and brother-in-law and also causing the death of his sister and daughter. It has also been alleged in the said F.I.R. that the complainant was allotted the said accommodation and forced to stay in that accommodation by the E.C.L. Management and that he made several representations before the authorities concerned during the last three years but with no result. This was significant and prima facie indicated that the complainant approached the persons who were at the helm of affairs of the E.C.L. during the years 1988, 1989 and 1990 but with no result. It appears prima facie that the petitioner joined the Eastern Coalfields Limited only on 11.4.91. Obviously, the petitioner was not there when the construction of the building was made in 1981 or 1983 by the E.C.L. Management. He was also not there in the management of the Company during the years 1988, 1989 and 1990 when the de facto complainant-informant was running from pillar to post for redressal of his grievances regarding faulty construction of the building. How can, therefore, petitioner, who joined the Company on 11.4.91 be connected with the alleged incident of 23.4.91? Upon a consideration of the pros and cons of the matter prima facie, I find no convincing material-on-record to connect the petitioner with the alleged crime. In my view, it will be an abuse of the process of the Court, if the Police is permitted to continue investigation against the present petitioner, who joined the Company only on 11.4.91, when the faulty construction was made in 1981 or 1983 and. moreso when the petitioner approached the persons in authority of that Company during the years 1988, 1989 and 1990. moreso when the petitioner approached the persons in authority of that Company during the years 1988, 1989 and 1990. Hence, I am of the view that it is a fit case where inherent powers conferred on the High Court under Section 482 of the Code of Criminal Procedure should be invoked to secure the ends of Justice. I, therefore, quash the investigation started against the petitioner by the Ranigunj Police Station in connection with Ranigunj P. S. Case No. 68 dated 26.4.91 under Sections 338/304A/427 I.P.C. against the petitioner only. The investigation will, however, proceed against the other persons as may be involved in accordance with law. The instant Criminal revisional application is thus disposed of. 7. Let the Lower Court Records be sent down to the learned Chief Judicial Magistrate, Burdwan immediately. He is directed to proceed with this case as against the other accused persons in accordance with law. Interim order of stay as granted by this Court is hereby vacated. If urgent certified xerox copy is applied for the same should be given to the parties on usual undertaking as early as possible.