August 16, 2022

Mumbai: BMC engineer accused in 9-yr-old constructing collapse case will get clear chit | File Picture

9 years after a 51-year-old BMC govt engineer Mahendrakumar Patel was booked amongst different civic physique staff for the 2013 collapse of ‘Babu Genu Market’ constructing in Mazgaon during which 61 individuals had misplaced their lives, he was granted a discharge from the case on Monday because the civic physique’s commissioner had refused to grant sanction to prosecute him and the refusal was not challenged by the police both.

The four-storey constructing in Dockyard Street collapsed on September 27, 2013. It housed the staff of the civic physique’s market division. Patel and others have been booked underneath IPC Sec 304 (culpable murder not amounting to homicide), Sec 337 (rash or negligent act endangering human life) amongst different offences.

The courtroom mentioned that his trial shouldn’t be permissible for need of sanction. The BMC’s commissioner had refused to grant sanction and the order had attained finality, the courtroom mentioned, because the prosecution had not challenged the refusal to grant sanction earlier than the Bombay Excessive Courtroom. The Sewree police had contended that they’d utilized for re-sanction and the plea was pending. Further Classes Choose MG Deshpande mentioned this can’t be a floor to proceed the trial with out sanction. It held that the prosecution had not obtained sanction even after its refusal by the competent authority and had thus not complied with the mandate.

Choose Deshpande mentioned persevering with the trial might be nothing however solely a wastage of papers amounting to a futile train. The courtroom famous that It’s materials to notice that Mr. IS. Chahal, the Municipal Commissioner, Mumbai by his letter dated March 15, 2021 clearly communicated to the police commissioner, Mumbai that he has refused to grant sanction to prosecute individuals just like the applicant as there may be completely no proof to point any prison thoughts and distant intention on the a part of Municipal Company Engineers or officers concerning the incident in query. It mentioned the refusal on his half quantities to rejection and immediately, there isn’t a sanction to prosecute the applicant.

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