Bombay High Court
Dr. Sanjay Rajaram Manjalkar vs The State Of Maharashtra And Anr on 24 January, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:4023-DB
Jyoti Cr.WP.1710-14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1710 OF 2014
Dr. Sanjay Rajaram Manjalkar
Age- 43 years, occupation- Medical Practitioner,
Resident of Saidham Tower, 'D' Wing
Flat No. 102,
Saidham Tower Co-operative Housing Society Limited
Achole Road, Nalasopara (East),
Taluka- Vasai, District- Thane. .... Petitioner
Versus
1. The State Of Maharashtra.
At the instance of the Senior Inspector of Police,
Nalasopara Police Station,
Taluka- Vasai, District- Thane.
2. Mr. Mohammed Rashid Shaikh.
Age- 43 years, Occupation- business,
Resident of Saidham Tower, 'B' Wing
Flat No. 405,
JYOTI
RAJESH Saidham Tower Co-operative Housing Society Limited
MANE
Achole Road, Nalasopara (East),
Digitally signed
by JYOTI RAJESH
MANE Taluka- Vasai, District- Thane. ....Respondents
Date: 2024.01.29
11:04:01 +0530
Mr. Pravin B Gole i/b Mr. Nimesh S Parekh For Petitioner.
Mrs. A. A. Takalkar APP For the Respondent-State.
Mr. Suraj Rajguru API Lonikand Police Station Pune City.
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Jyoti Cr.WP.1710-14.odt
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
RESERVED ON : 15th JANUARY, 2024.
PRONOUNCED ON : 24th JANUARY, 2024.
JUDGMENT [PER: SHYAM C. CHANDAK, J.]
1) Present Petition is filed under Article 226 of the Constitution of
India, 1950 and Section 482 of the Criminal Procedure Code, 1973, seeking
to quash F.I.R.No.I-721/2013 registered with Nalasopara Police Station,
Taluka Vasai, District Thane under Section 304A R/W. 34 of Indian Penal
Code, 1860, on the report lodged by Respondent No.2.
2) Heard Mr.Gole, learned Counsel for the Petitioner and
Mrs.A.A.Takalkar, learned APP for Respondent-State. Perused the record.
3) Record reveals that, by Order dated 16 th March 2017 this Court
had directed to issue notice to Respondent No.2 for final disposal at
admission stage. By way of an ad-interim relief, it was directed that no
further steps shall be taken. Thereafter, the notice issued to Respondent
No.2, was duly served. However, none appeared for Respondent No.2 when
the matter was taken up for final hearing.
4) Facts giving rise to this Petition are as under:-
The Respondent No.2 is residing in 'B' Wing of a building known
as Saidham Tower, Achole, Nalasopara along with his family. On 19th
Jyoti Cr.WP.1710-14.odt
November, 2013 at about 5.00p.m., Respondent No.2's on Ali Hyder Rashid
Shaikh, aged 10 years, was going alone to the 4th floor of the Society from
the ground floor in a lift of B-Wing of the building. Unfortunately, he got
trapped between the lift and the shaft and crushed to death.
4.1) It is alleged that, said lift was installed about 12 years back. For
the last one year, the lift had developed various problems such as getting an
electric current, damage to lock, non-opening of the lift door, sudden
starting of the lift on closing its door, sudden stoppage of the lift etc. About
10 months before the incident, suddenly the lift directly landed upon the
ground from the 7th floor. About 15 days prior to the incident, lock of outer
door of the lift at the ground floor suddenly stopped working. At the
relevant time, the Petitioner and one Mr.Shivkumar Singh were the
Chairman and Secretary. Even though the Petitioner and Mr.Shivkumar
Singh were repeatedly requested to look into the problems faced by the
Society members due to the malfunctioning lift and to replace it by new one,
they deliberately did not pay attention to the problems nor they did any
effort in that regard. Thus, the accidental death of the deceased caused due
rashness and negligence on the part of the Petitioner and Mr. Sanjay
Manjalkar. Therefore, the respondent No.2 lodged a report. In turn, the
police registered the impugned FIR No. I-721-23 against the Petitioner and
Jyoti Cr.WP.1710-14.odt
Mr.Shivkumar Singh.
5) As stated in the F.I.R., M/s.Das Electric Works, at Bhayandar was
given the job of repairing the lift. There is no dispute that, at the relevant
time, the Petitioner was Chairman of the Managing Committe of the society
and the co-accused Mr.Shivkumar Singh was the secretary. Therefore now
question is, whether the offence under Section 304A of the I.P.C. is attracted
against the Petitioner or not. Section 304A of the I.P.C. reads thus:-
"304A. Causing death by negligence.--
Whoever causes the death of any person by doing any rash or
negligent act not amounting to culpable homicide shall be
punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both."
6) In so far as the Petitioner and the said Secretary are
concerned, at the most, the allegations against them are that, they failed
to ensure that the contractor appointed by the Society have properly
maintained the lift and to replace the malfunctioning lift with the new
one. Even if these omissions on the part of the Petitioner are taken as it
is, the same have no direct connection with the unfortunate incident that
occurred in the lift and caused death of the son of Respondent No.2.
Because the most essential ingredient of Section 304A of the I.P.C. is 'rash
and negligent' act on the part of an accused and it must result in causing
Jyoti Cr.WP.1710-14.odt
a death in question. In the present case, said ingredient is completely
absent in so far as the office bearers and members of the Managing
committee of the Society are concerned. For these reasons only, this
Court quashed this very F.I.R against Mr.Shivkumar Singh, the then
Secretary in Cril.Writ Petition No.4501 of 2014 vide order dated 10th
February 2017. The allegations against the Petitioner and Mr.Shivkumar
Singh are same. Hence, the impugned F.I.R. is required to be quashed
against the Petitioner and is accordingly quashed and set aside.
7) Criminal Writ Petition is allowed in the aforesaid terms.
(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.)
