Case Note & Summary
The judgment pertains to two criminal revision applications filed by accused persons in a case arising from a building collapse. The applicants, Shrikant Rajaram Sarmokdam (accused No.22) and Hira Sitaram Patil (accused No.6), challenged the orders of the 2nd Additional Sessions Judge, Thane, dated 30th November 2015, which rejected their applications for discharge under Section 227 of the Code of Criminal Procedure, 1973 (CrPC) in Special Case No. 17 of 2013. The case originated from C.R. No. I63 of 2013 registered at Shil Diaghar Police Station, Thane, on 4th April 2013, under various sections of the Indian Penal Code, 1860 (IPC) including Sections 109, 119, 304, 308, 336, 337, 338, 420, 427, 465, 467, 468, 471, 34, and 120B, and under Section 13(1)(d) of the Prevention of Corruption Act, 1988. The applicant Sarmokdam was a Deputy Commissioner with Thane Municipal Corporation, and Patil was a Corporator of the ward where the incident occurred. The building collapse resulted in loss of life and injuries. The applicants argued that there was no prima facie case against them and sought discharge. The trial court rejected their applications, holding that there was sufficient material to proceed. The High Court heard the revision applications and considered the scope of Section 227 CrPC. The court noted that at the stage of framing of charge, the court is not required to conduct a mini-trial but only to see if there is a prima facie case. The court found that the allegations against the applicants, including their roles in permitting illegal construction and negligence, made out a prima facie case for the offences alleged. The court also considered the provisions of the Prevention of Corruption Act regarding criminal misconduct by a public servant. The High Court dismissed both revision applications, upholding the trial court's orders and directing the trial to proceed expeditiously.
Headnote
A) Criminal Procedure Code - Discharge under Section 227 - Prima Facie Case - The court considered the scope of Section 227 CrPC and held that at the stage of framing of charge, the court is required to consider whether there is sufficient ground for proceeding against the accused, and a prima facie case is sufficient. The trial court's rejection of discharge applications was upheld as there was material showing prima facie involvement of the applicants in the offences alleged. (Paras 1-3) B) Indian Penal Code - Culpable Homicide - Section 304 - Building Collapse - The court noted that the building collapse resulted in deaths, and the applicants, being public servants and corporator, were allegedly responsible for illegal construction and negligence, making out a prima facie case under Section 304 IPC. (Para 3) C) Prevention of Corruption Act - Criminal Misconduct - Section 13(1)(d) - The court found that the applicant, a Deputy Commissioner of Thane Municipal Corporation, was allegedly involved in corrupt practices by allowing illegal construction, thus a prima facie case under Section 13(1)(d) of the Prevention of Corruption Act was made out. (Para 3) D) Indian Penal Code - Criminal Conspiracy - Section 120B - The court held that there was prima facie evidence of conspiracy between the applicants and other accused to commit the offences, as the building collapse was a result of illegal construction and negligence. (Para 3)
Issue of Consideration
Whether the trial court erred in rejecting the applications for discharge under Section 227 CrPC filed by the applicants who are accused in a case arising from a building collapse, and whether a prima facie case is made out against them for the offences alleged.
Final Decision
Both criminal revision applications are dismissed. The trial court's orders rejecting the discharge applications are upheld. The trial court is directed to proceed with the trial expeditiously.
Law Points
- Discharge under Section 227 CrPC requires no prima facie case
- Prima facie case standard for framing of charge
- Section 304 IPC culpable homicide not amounting to murder
- Section 308 IPC attempt to commit culpable homicide
- Section 420 IPC cheating
- Section 465/467/468/471 IPC forgery
- Section 13(1)(d) Prevention of Corruption Act criminal misconduct by public servant
- Section 120B IPC criminal conspiracy
- Section 109 IPC abetment
- Section 119 IPC abetment by public servant
- Section 336/337/338 IPC rash act endangering life
- Section 427 IPC mischief causing damage
