BHAJAN LAL SHARMA V/s STATE (GOVT OF NCT OF DELHI) & ORS
Section 337 - Causing hurt by act endangering life or personal liberty of others.
Section 279 - Rash driving or riding on a public way
Section 288 - Negligent conduct with respect to pulling down or repairing buildings
Delhi High Court (Single Judge)
W.P.(CRL), 1280,6706 Judgment Date: Aug 01, 2016
In my view, quashing the FIR in question at this stage would certainly send a very wrong signal not only to the petitioner, but the whole society at large and particularly to other builders, contractors and other agencies engaged in undertaking construction work, that even if they are grossly negligent in taking preventive measures so as to prevent predictable accidents – which may lead to serious injury and even loss of life, they could get away by paying some compensation to the heirs of the injured/ deceased. In fact, such like contractors/ builders/ agencies may find it more economical to risk the lives of their workforce, and in the eventuality of an accident occurring, to pay compensation, than to undertake all safety measures which, if taken, would prevent such accidents in the first place.
BHAJAN LAL SHARMA V/s STATE (GOVT OF NCT OF DELHI) & ORS