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Bombay High Court

SANJAY BHAILAL SHAHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that FIR No. 928/2021 and the accompanying chargesheet were unsustainable and quashed them, granting relief to all petitioners.

Summary

A fire caused by a short circuit in a residential building on 06.11.2021 resulted in two deaths. The State of Maharashtra filed FIR No. 928/2021 against the architect, the building's society secretary and chairman, and the developers under IPC sections 336, 338, 304(2), 34 and the Maharashtra Fire Prevention and Life Safety Measures Act. The petitioners contended that the charges of culpable homicide (Section 299 IPC) were inappropriate, arguing at most criminal negligence (Section 304A IPC) and that the building had all requisite approvals, including an occupation certificate and fire NOC. The Court examined the lack of intent, the passage of seven years since construction, and the fact that the fire originated from a short circuit in a flat's doorbell, concluding that the FIR and chargesheet were unsustainable. Consequently, the Court allowed all four writ petitions, quashed FIR No. 928/2021, ordered the record of the case to be called, and directed the State to furnish a copy of the FIR.

Issues considered

  • The applicability of Section 299 IPC versus Section 304A IPC in the fire incident.
  • Whether the architect can be held liable for culpable homicide for design omissions.
  • Whether the society secretary, chairman, or other office bearers can be criminally liable for the fire.
  • Whether the builders can be held responsible for a fire occurring seven years after construction.
  • The propriety of quashing FIR No. 928/2021 and the accompanying chargesheet.

Legislation cited

Subjects

  • fire safety
  • criminal negligence
  • culpable homicide
  • architect liability
  • building regulations
  • FIR quash
  • IPC
  • Maharashtra Fire Prevention Act

Judgment

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Amberkar

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                           WRIT PETITION NO. 1251 OF 2022

           Sanjay Bhailal Shah                                      .. Petitioner
                      Versus
           State of Maharashtra                                     .. Respondent

                                        WITH
                            WRIT PETITION NO. 247 OF 2022

           Tribhuvandas M. Rughani & Ors.                           .. Petitioners
                      Versus
           State of Maharashtra                                     .. Respondent

                                        WITH
                            WRIT PETITION NO. 160 OF 2022

           Jayesh Hiralal Shah (Chairman) & Anr.                    .. Petitioners
                      Versus
           State of Maharashtra                                     .. Respondent

                                       WITH
                           WRIT PETITION NO. 1019 OF 2022

           Babita Naraindas Gandhi                                  .. Petitioner
                      Versus
           State of Maharashtra                                     .. Respondent
                                      ....................
            Dr. Abhinav D. Chandrachud a/w Mr. Laxminarayan Shukla, Ms.
             Pragya & Mr. Ameya Khot i/by M/s. Legal Vision, Advocates for
             Petitioners in WP 1251/2022
            Mr. Aadil Parsurampuria a/w Mr. Laxminarayan Shukla, Ms. Pragya
             and Ms. Ameya Khot i/by M/s. Legal Vision, Advocates for
             Petitioners in WP 1019/2022
            Mr. Satish Agarwal (through VC), Advocate for Petitioners in WP
             160/2022
            Mr. Siddharth Singh i/by Mr. Ashok Saraogi, Advocate for
             Petitioners in WP 247/2022
            Ms. Rajeshree V. Newton, APP for State
            Sonawane, PSI, Kandivali Police Station

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                               ...................
                              CORAM : MILIND N. JADHAV, J.
                              DATE          : AUGUST 20, 2026
P. C.:

1.       Heard learned Advocates appearing for the parties as stated in

the appearance memo.


2.       These are group of 4 Writ Petitions seeking quashing of FIR No.

928/2021 registered by Kandivali Police Station for the offences

punishable under Sections 336, 338, 304(2) and 34 of the Indian

Penal Code, 1860 and under Sections 3(1), 3(2) and 3(3) of the

Maharashtra Fire Prevention and Life Safety Measure Act, 2006.


3.       All the above 4 Petitions are being decided together by this

common order as the facts involved therein are common.


4.       Writ Petition No. 1251/2022 is filed by Architect – Sanjay B.

Shah represented by Advocate Dr. Chandrachud; Writ Petition No.

1019/22 is filed by Ms. Babita N. Gandhi – then Secretary of the Co-

operative Housing Society       of the subject building represented by

Advocate Mr. Parsyranoyrua; Writ Petition No. 160/2022 is filed two

Petitioners i.e. then Chairman – Mr. Jayesh Shah and Mr. Nitin

Kachalia who is the current Chairman of the subject building

represented by Mr. Agarwal and Writ Petition No. 247/2022 is filed by

Mr. Tribhuvandas M. Rughani & 2 others – Developers / Builders who



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had constructed the subject building.         They are represented by

Advocate Mr. Singh, instructed by Mr. Saraogi.


5.    Offences are registered in view of loss of two lives in a fire

incident which occurred on 14th and 15th floor of the subject building

on 06.11.2021. Admittedly there is no dispute about the fact that

subject building was constructed by the developers Tribhuvandas M.

Rughani and two others as also was designed by Architect Mr. Sanjay

Shah more than seven years ago before the date of incident and it had

all permissions in place including the occupation certificate, fire

report, fire NOC granted by Municipal Corporation.


6.    Complainant in the present case is State of Maharashtra which

has in view of the loss of two lives in the fire incident filed the FIR.

Cause of the fire incident is that on the 14 th floor, there was a short

circuit in the door bell which led to the fire and consequently loss of

lives. Chargesheet which is filed holds the Petitioners responsible for

the offence of culpable homicide under Section 299 of IPC and

therefore in view of the loss of lives, Section 304 of IPC is invoked.


7.    The arguments advanced by all the learned Advocates appearing

for Petitioners are noted by Court. They are in common and hence for

brevity they are not delineated separately herein under.




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8.    At the outset it is argued that at the highest there can be

invocation of the provisions of Section 304A of IPC subject being

proved for criminal negligence and in any event, application of Section

299 would be completely incongruous. It is argued that application of

Section 299 which is offence of culpable homicide with intention to

cause harm but in the present case insofar as present Petitioners are

concerned, there is no intention whatsoever which can be attributed to

them qua their role in the fire in the subject building so as to hold

them responsible for the loss of lives.


9.    Architect – Mr. Sanjay Shah had designed the building much

prior to 2014 and pursuant to the same had duly obtained the

occupation certificate on 15.09.2014, copy of which is appended at

page No. 39. Copy of the fire report is appended at page No. 31 and

the fire NOC is appended at page No. 89. I have perused the same.

The only charge which is levied against the Architect is that under the

earlier approved plan, there was a gate which was shown and since in

the final sanctioned plan, gate was not there, there was difficulty for

the fire brigade to reach the concerned building and therefore the

Architect has been charged for culpable homicide. It is well settled

that when the buildings are planned, plans are amended repeatedly

time and again before they get finally approved and validated and

ultimately sanctioned.    In the present case, it is not the case of


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prosecution that the building is not have final sanctioned plan or is

unauthorized and the occupation certificate issued on 15.09.2014

prima facie justifies the fact that the concerned Planning Authority i.e.

Mumbai Municipal Corporation had duly inspected the building and

had approved the same for the purpose of residence.


10.     Similarly role of the Secretary of the Society, though a thankless

job, under the provisions of MCS Act, he cannot be held responsible

for something which he is not directly responsible.        Cause of action

for the fire to occur in the present case is the short circuit which had

occurred on the 14th floor door bell of a flat in the said building. If

the Secretary is to be held responsible for such incidents in respect of

electrical wiring of the door bell of a particular flat, this will lead to a

disastrous situation. It is incomprehensible to foist such liability on

the Secretary or Chairman or office bearers. In that view of the matter,

insofar as the then Secretary as also the present Secretary are

concerned, the invocation of provisions of Section 304A against them,

in my opinion, is once again completely innocuous, unsustainable and

cannot be countenanced in the present facts and circumstances of the

case.


11.     Insofar as the builder is concerned, the builder steps in such a

situation only as a person who does business and builds houses. This

is not a case of the prosecution that the builder has constructed an

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unauthorized building.      He obtained occupation certificate for the

building and handed it over to the Society and Society was running

the same. In such a situation, how can the builder be implicated for a

short circuit in the electrical wiring after 7 years. In that view of the

matter, even in the present case, where there is a gap of more than

seven years after the building was handed over to the Society, no

criminal charge can be levied against the builder since the flats were

occupied by the members of the Society.


12.   In view of the above observations and findings, all four Petitions

deserve to be allowed and are accordingly disposed in terms of prayer

clauses as stated in the respective Petitions as herein under:-


WRIT PETITION No. 1251/2022 stands allowed in terms of :-

      "(b)     That this Hon’ble Court be pleased to call for the records and
               proceedings of this case from the Sr.P.I. of Kandivali Police
               Station, Mumbai and after perusing the same, quash and to set
               aside the FIR No.928 of 2021 registered under sections 336, 338,
               304(2) and 34 of Indian Penal Code Read With Sections 3(1),
               3(3) and 3(4) of Maharashtra Fire Prevention and Life Safety
               Measures Act, 2006 by Kandivali Police Station against the
               petitioner; a/w the chargesheet filed in FIR No.928 of 2021 a/w
               Session Case No.693 of 2022 pending in the files of Additional
               Sessions & Judge, Dindoshi.

WRIT PETITION No. 247/2022: stands allowed in terms of :-

      "(a)     that this Hon’ble Court be pleased to issue appropriate writ, order
               and direction directing the Respondents to forthwith furnish the
               copy of the FIR in respect of FIR No. 928 of 2021 registered by
               the Respondents registered under the provisions of Section 336,
               338, 304(2), 34 of IPC r/w. Section 3(1), 3(3), 3(4) of
               Maharashtra Fire Protection and Protection Act 2016 on such
               terms as this Hon’ble Court may deem fit and proper.



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                     b)                  that this Hon’ble Court be pleased to issue appropriate writ, order
                                         and direction directing the quashing of FIR being FIR No.928 of
                                         2021 registered by the Respondents registered under the
                                         provisions of Section 336, 338, 304(2), 34 of IPC r/w. Section
                                         3(1), 3(3), 3(4) of Maharashtra Fire Protection and Protection
                                         Act 2016 as against the Petitioners on such terms as this Hon’ble
                                         Court may deem fit and proper;

           WRIT PETITION No. 160/2022 stands allowed in terms of :-

                     "(A)                To call for the records and proceedings of this case from the Sr.P.I.
                                         of the Kandivali Police Station, Mumbai and after persuading the
                                         same, quash and to set aside, the said impugned Criminal
                                         Proceeding, in F.I.R. No. 928/2021 dated 20.11.2021 of Kandivali
                                         Police Station, Mumbai and Chargesheet filed before Hon’ble
                                         City Session Court at Dindoshi in Criminal Case No.693/22 being
                                         heard by the Hon'ble Trial Court;
                     (B)                 considering the peculiar facts and circumstances of this case, the
                                         fabricated and malicious intentions of the Complainant, the FIR
                                         No.928/2021 & Chargesheet may be kindly quashed and set
                                         aside.
                     (C)                 That Hon’ble Court may be pleased to stay the proceeding against
                                         Accused No.5 and 6 before the Hon’ble City Session Court at
                                         Dindoshi at Goregaon at Mumbai in Criminal Case
                                         No.693/2022.”

           WRIT PETITION No. 1019/2022 stands allowed in terms of :-

                     "(b)                To call for the records and proceedings of this case from the Sr.P.I.
                                         of Kandivali Police Station, Mumbai and after perusing the same,
                                         quash and to set aside the FIR No. 928 of 2021 registered under
                                         sections 336, 338, 304(2) and 34 of Indian Penal Code Read With
                                         Sections 3(1), 3(3) and 3(4) of Maharashtra Fire Prevention and
                                         Life Safety Measures Act, 2006 by Kandivali Police Station against
                                         the petitioner;"

           13.                       All four Petitions are allowed and disposed.



Amberkar                                                            [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.08.20
                      20:08:56
                      +0530




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