NEUTRAL CITATION
R/CR.MA/21734/2021 ORDER DATED: 18/08/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21734 of 2021
In R/CRIMINAL APPEAL NO. 1900 of 2021
With
R/CRIMINAL APPEAL NO. 1900 of 2021
==========================================================
STATE OF GUJARAT
Versus
MANDURI VIRBHADRA RAO
==========================================================
Appearance:
Mr. Hardik Mehta, Addl. PUBLIC PROSECUTOR for the Applicant(s)
No. 1
NOTICE UNSERVED for the Respondent(s) No. 1
SINGHI & CO(2725) for the Respondent(s) No. 2
=========================================================
CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 18/08/2023
ORAL ORDER
1. Heard Mr. Hardik Mehta, learned Additional Public Prosecutor for the applicant - State and Mr. Samik Bhatt, learned advocate who has appeared on behalf of respondent no.2- accused. Issue Rule making it returnable forthwith. Mr. Bhatt, learned advocate waives service of Rule on behalf of respondent no.2- accused.
2. This application is filed under Section 378(1)(3) of the Code of Criminal Procedure seeking leave to appeal filed against the impugned judgment and order dated 6.12.2018 passed by the learned Chief Judicial Magistrate, Narmada at Rajpipla in Criminal Case No.747 of 2018. By the said judgment and order, the learned Magistrate has proceeded to record the order of acquittal of the present respondent no.2- accused for the alleged breach of provision of Rule 209(B) of the Building and Other Page 1 of 3 Downloaded on : Sun Sep 17 01:42:00 IST 2023 NEUTRAL CITATION R/CR.MA/21734/2021 ORDER DATED: 18/08/2023 undefined Construction Workers (Regulation of Employment and Conditions of Rules), 2003.
3. Learned Additional Public Prosecutor has invited attention of this Court to the incident which had resulted into the death of one foremen working under the sub-contractor at construction site. The injured was shifted to Multi Specialty Hospital, Vadodara, whereby, he had succumbed to injuries during the treatment, on 9.2.2018. Initially inquiry was conducted against the respondent -accused and during the course of inquiry, it was noticed that the maintenance of the plant and machinery as well as systems of working in the factory was not safe and at the risk to the health of the workers. It is the case of the prosecution that respondents have not taken proper care about safeguard of the workers and had committed breach of Rule 209(B) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Rules), 2003. The complaint was lodged in this regard before the Court of learned Chief Judicial Magistrate, Narmada at Rajpipla, which was registered as Criminal Case No.747 of 2018. The summons were issued by the learned Magistrate upon the respondents -accused who had appeared before the learned trial Court and had pleaded not guilty for the charges leveled against them. Learned Additional Public Prosecutor has invited attention of this Court to the grounds raised in the appeal and has urged this Court to grant leave to appeal.
4. Learned advocate for the respondent no.2 -accused has objected to grant of leave to appeal. He has submitted that in fact upon appreciation of the evidence, the trial Court has Page 2 of 3 Downloaded on : Sun Sep 17 01:42:00 IST 2023 NEUTRAL CITATION R/CR.MA/21734/2021 ORDER DATED: 18/08/2023 undefined arrived at a conclusion that the prosecution has failed to prove the essential ingredients of alleged breach of Rule 209(B) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Rules), 2003 and has rightly recorded the order of acquittal of present respondents- accused.
5. Having heard the learned advocates for the respective parties and having examined the impugned judgment and order of acquittal, prima facie, the Court finds that the matter requires close examination of the evidence brought on record by the prosecution as well as it's re-appreciation taking into consideration the incident alleged which has resulted into death of one workman. At threshold, without appreciation of the evidence, appeal cannot be disposed. Hence, present application seeking leave to appeal is hereby granted. Rule is made absolute to the aforesaid extent.
Order in Criminal Appeal No. 1900 of 2021 Admit. Expedite. Mr. Samik Bhatt, learned advocate appearing on behalf of Singhi & Co., learned advocate on record waives service of admission on behalf of respondent no.2- accused. Record and proceedings of the case be called for from the concerned Court.
(NISHA M. THAKORE,J) KAUSHIK J. RATHOD Page 3 of 3 Downloaded on : Sun Sep 17 01:42:00 IST 2023