R N Sabarwal (Owner) 23 February 2012

Criminal negligence by municipality

I live at Gandhidham in Kutch District. There is a road that connects the twin towns of Adipur and Gandhidham. The street light on the said road is maintained by the Gandhidham Municipality. The Municipality has failed to keep the lights in working conditions due to which there have been several accidents that has resulted in the deaths of over 70 citizens in the last few months. Can I file a Criminal Complaint under sections 336, 337& 338 of the Indian Penal Code against the Chief Officer & Engineer of the Municipality? Is a notice ready prior to filing of the Criminal Complaint?

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 23 February 2012

Dear Querist,

Go Ahead - file the complaint, since it is not a civil case you don't need to send them a prior notice. However the court or the opposite party may raise an objection as to lack of sanction. Argue vehemently - that this is not something that they did or did not in discharge of their official duties - rather they did not discharge their obligations - and hence the present complaint.