LJMC R-11

LJ SCHOOL OF LAW NATIONAL MOOT COURT

COMPETITION, 2023

IN THE HON’BLE HIGH COURT OF GUZAR

Criminal Appeal No. __/2022

(Arising out of Order as passed by the Hon’ble Sessions Court, Funpur, Guzar )

In Matter of

Sagar Roadways Pvt. Ltd. and Anr. ………..…Appellant

vs.

State of Guzar ....…....Respondent

BEFORE SUBMISSION TO THE HON’BLE HIGH COURT OF GUZAR

UNDER SECTION 374 OF THE CODE OF CRIMINAL PROCEDURE, 1973

MEMORANDUM ON BEHALF OF THE RESPONDENT

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TABLE OF CONTENTS

TABLE OF CONTENTS

TABLE OF CONTENTS
i
LIST OF ABBREVIATIONS
ii
INDEX OF AUTHORITIES
iii
STATEMENT OF JURISDICTION
vi
SYNOPSIS OF FACTS
vii
STATEMENT OF ISSUES
x
SUMMARY OF ARGUMENTS
xi
ARGUMENTS ADVANCED 1-20
ISSUE 1
WHETHER THE PRESENT APPEAL IS
MAINTAINABLE PURSUANT TO THE ORDER 1
OF THE SESSIONS COURT BEING IMPUGNED?
ISSUE 2
WHETHER THE APPELLANT NO. 1 AND NO. 2
ARE CRIMINALLY LIABLE UNDER SECTIONS
304,304A,325,406 AND SECTIONS 304,304A 6
AND 325 OF THE IPC,1860 RESPECTIVELY?

ISSUE 3
WHETHER THE SESSIONS COURT MADE AN
ERROR IN APPRECIATION OF RELEVANT 12
FACTS/EVIDENCE?
PRAYER
21

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LIST OF ABBREVIATIONS

LIST OF ABBREVIATIONS

SC Supreme Court
Sec. Section
Cl. Clause
CCI Competition Commission of India
Pvt. Private
Ltd. Limited
CG Central Government
SG State Government
HC High Court
OJ Official Journal
IPC The Indian Penal Code, 1860
Cr.P.C. Criminal Procedural Code, 1973
SDRF State Disaster Response Force
Hon’ble Honorable
CRDF Central disaster Response force
Para Paragraph
Art. Article
N.D.O.H. Next Date of Hearing
V. Versus
r/w Read with
SCC Supreme Court Cases

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INDEX OF AUTHORITIES

INDEX OF AUTHORITIES

A. CASES CITED AND REFERRED

1. Ashok Tshering Bhutia vs. State of Sikkim, 2011 CrLJ 1770(SC)

2. Anil Sharma vs. State of Jharkhand, (2004) 5 SCC 679
3. Rambhan vs. State of Maharashtra, 2001(2) JIC 444 (SC)
4. Kulbul vs. State of U.P., (2001) JIC 262 (All)
5. Bir Singh vs. State of U.P., (1977) 4 SCC 420
6. State of Maharastra Vs. Sujay Mangesh Poyarekar (2008) 9 SCC 475
7. Satish Mehra v. Delhi Administration and others 1996 SCC (Crl.) 1104
8. U.J.S. Chopra v. State of Bombay [1955] 2 S C.R. 94
9. Pratap Singh v. The State of Vindhya Pradesh (Now Madhya Pradesh) [1961] 2
S.C.R. 509
10. Lqbal Ismail Sodawala vs The State Of Maharashtra And Ors 1974 AIR 1880, 1975
SCR (1) 710
11. Biswanath Ghosh v. State of W.B (1987) 2 SCC 55, 1987 SCC (Cri) 259, AIR 1987 SC
1155
12. State Of M.P v. Makhmal Khan And Others 2005 VIII AD SC 369
13. Parvinder Kansal v. The State of NCT of Delhi & Anr SLP (Cri) No. 3928 of 2020
14. State of U.P. v. Vakil S/O Babu Khan Government Appeal No. - 591 of 2022 High
Court of Judicature at Allahabad
15. MUKLESU R REHMAN V/S THE KING AIR 1981 J K 60
16. Virsa Singh vs State of Punjab (AIR 1958 SC 465)
17. Ramkaran Mohton v/s state AIR 1958 PAT452
18. Gopal Sharma Son Of Somaru Sharma vs The State Of Jharkhand on 6 September,
2021
19. Balbir Singh Kasol v/s State on 1 October 2013
20. BINOD KUMAR AND ORS V/S STATE OF BIHAR AND ANOTHER CASE NO 1150
OF 2016
21. SW PALANITKAR AND OTHERS V/s STATE OF BIHAR2001 (1) BLJR 527
22. State of U.P v. Sahai (1982) 1 SCC 352, 1982 SCC (Cri) 223, AIR 1981 SC 1442
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INDEX OF AUTHORITIES

23. Surya Baksh Singh v. State of U.P (2014) 14 SCC 222

24. State of Karnataka v. L. Muniswamy 1977 2 SCC 699
25. Krishnan v. Krishnaveni 1997 4 SCC 241
26. Ramakrishna Babura Maske v. Kishan Shivraj ShelkeBombay High Court Feb 5,
1974 ;
27. Queen Empress v. Bakma Kom Sadhu. 1886 I.L.R 11 Bom. 59.;
28. National Human Rights Commission v. State of Gujarat and Ors. (2009) 6 SCC 342
29. MD. RUSTAM ALIAS RUSTAM V. STATE OF BIHAR ,AIR 2003 SC 562, 2003 (2)
ALD Cri 143, 2003 (2) BLJR 1302, 2003 CriLJ 834, (2002) 10 SCC 273
30. Donoghue v. Stevenson(1932) A.C. 562
31. Andrews v. Director of Public Prosecutions, (1973) A.C. 576
32. Balchandra woman Pathe v. State of Maharashtra 1968 Mh.L.J. 423
33. Jacob Mathew v. State of Punjab AIR 2005 SC 3180
34. Obrascon Huarte Lain SA v Her Majesty’s Attorney General EWCA Civ 712
35. National Human Rights Commission v. State of Gujarat and Ors. (2009) 6 SCC 342
36. Samir Agarwal vs Competition Commission of India & Ors. [Civil Appeal No.3100 of
2020]
37. Orange Communications Ltd v Director of Telecommunications Regulation[2000] 4
IR 159, 221
38. Shivashakti Sugars Limited v. Shree Renuka Sugar Limited And Others, LAWS(SC)-
2017-5-65SUPREME COURT OF INDIA ,Decided on May 09,2017
39. SHIVASHAKTI SUGARS LIMITED VS. SHREE RENUKA SUGAR LIMITED & ORS.
[LAWS(SC)-2017-5-65] [REFERRED TO]
40. INDIAN SUGAR MANUFACTURING COMPANY LIMITED VS. UNION OF INDIA
AND ORS. [LAWS(BOM)-2019-1-302] [REFERRED TO]
41. SWAMI SAMARTH SUGARS AND AGRO INDUSTRIES LTD VS. LOKNETE
MARUTRAO GHULE PATIL DNYANESHWAR SAHAKARI SAKHAR KARKHANA
LTD [LAWS(SC)-2022-7-62] [REFERRED TO

B. BOOKS
1. Ratanlal & Dhirajlal’s Law of Crimes – A Commentary on The Indian Penal
Code, Vol Bharat Law House, Delhi, 27th Edn. 2013.

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INDEX OF AUTHORITIES

2. Ratanlal & Dhirajlal’s Law of Crimes – A Commentary on The Indian Penal

Code, Vol Bharat Law House, Delhi, 27th Edn. 2013.
3. K I Vibhute, P.S.A Pillai’s Criminal law, Lexis Nexis, 12th Edn. 2014.
Dr. (Sir) Hari Singh Gour, Penal Law of India, Law Publishers (India) Pvt. Ltd.,
11thEdn. 2014.
4. J C Smith, Smith and Hogan Criminal Law – Cases and Materials, LexisNexis
Butterworths, 8th Edn. 2002.
5. Basu’s Indian Penal Code (Law of Crimes), Vol I., Ashoka Law House, 11th
Edn. 2011.
6. Criminal Manual, Universal Law Publishing Company, 2015
7. ZIA MODY ,10 JUDGEMENTS THAT CHANGED INDIA, PENGUIN UK, 2013

C. GUIDELINES, REPORTS AND REGULATIONS

1. GENERAL GUIDELINES FOR e-PROCUREMENT UNDER

CENTRAL PUBLIC PROCUREMENT PORTAL
([Link] 7th June 2019
2. No.F.1/1/2021-PPD Government of India Ministry of Finance
Department of Expenditure Procurement Policy Division, 29th October,
2021.
D. ONLINE SOURCES

1. KRISHNADAS RAJAGOPAL, Morbi bridge collapse an enormous tragedy, says

Supreme Court, The Hindu Online,
[Link]
tragedy-supreme-court/[Link] , last visited 13 February 2023
2. Official E-Tender Websites

E. LEGAL DATABASES
1. Manupatra
2. SCC Online
3. Indian Kanoon
4. Court Kutchery
5. CaseMine
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INDEX OF AUTHORITIES

F. LEGISLATIONS
1. The Constitution of India, 1950
2. Indian Penal Code, 1860
3. The Code of Criminal Procedure, 1973
4. The Companies Act, 2013
5. The Competition Act, 2002
6. The Indian Contracts Act, 1872
7. Indian Evidence Act, 1872

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STATEMENT OF JURISDICTION

SSTATEMENT
TATEMENT O
OFF JJURISDICTION
URISDICTION

The Appellants have approached this Hon’ble Court in its jurisdiction under section 374(2) of
the Code of Criminal Procedure, 1973. The Respondents reserve the right to contest the
maintainability of the appeal. Section 374 of the Code of Criminal Procedure, 1973 is as
follows:

___________________________________________________________________________

“374. APPEALS FROM CONVICTIONS.

(1) Any person convicted on a trial held by a High Court in its extraordinary original
criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional

Sessions Judge or on a trial held by any other Court in which a sentence of
imprisonment for more than seven years 2 has been passed against him or against any
other person convicted at the same trial], may appeal to the High Court.

(3) Save as otherwise provided in sub- section (2), any person,-

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant

Sessions Judge or Magistrate of the first class, or of the second class, or

(b) sentenced under section 325, or

(c) in respect of whom an order has been made or a sentence has been passed
under section 360 by any Magistrate, may appeal to the Court of Session

___________________________________________________________________________

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SYNOPSIS OF FACTS

SYNOPSIS OF FACTS

Background
Sagar roadways private limited is a well-established company in the market sphere of road
constructive activities. That was provided with the responsibility to renovate the payara
bridge constructed over bicchu river via a tender of renovation released in November 2019
Due to the poor condition of the bridge, the access to bridge was restricted and ultimately
prohibited in 2018, the work of renovation began on the bridge in November 2021, the
bridge was renovated on 15 august 2022 in the presence of various MLAs of the state along
with Balwant Tiwari the MP.
The Incident
On the innovation day, the cable of the bridge somehow detached which led to a disastrous
and disheartening tragedy, resulting in falling of multiple people. Reportedly 373 people
were dead and 96 were seriously injured, the death of eminent leader- Balwant Mishra and
his family also came to be.
The Complaint
While the authorities were producing their reports the flame ignited amongst the families
of deceased along with the supporters of Balwant Mishra questioning the decision of the
State Government of entitling such incompetent companies to carry out such crucial task
to renovate a historic bridge. On this basis representatives of deceased and injured lodged
criminal complaint against the Sagar Roadways Pvt. Ltd. and Mr. Gulshan.
Task Undertaken by the Government
Considering the quantum of the causalities the state government immediately declared
compensation of Rs. 1,00,000/- to the families of the deceased and Rs.50,000/- to the
injured along with all the medical expenses.
The Central Government of Indiana felt the need to intervene in the matter and appointed
various authorities to conduct the process of investigation along with the State agencies.
For the same a time period of 2 days was allotted to the authorities to submit their findings
report.
The Trial

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SYNOPSIS OF FACTS

The disruption in the weight distribution, only 150 people could have been ideally held by
the bridge but at the time of incident there were more than 500 people present on the bridge.
Negligence on the part of the [Link] of the people, which was beyond the control
of the security guard and officials. No mala-fide intention to injure or harm anyone was
established
Order of the Hon’ble Sessions Court
The Appellant No.1 was held liable for the charges under 304, 304A, 325 and 406 of
Indiana Penal Code 1860. Hon'ble Sessions Court also held liable Appellate no.2 on his
capacity as Key Managerial Personnel under section 304, 304A and Section 325 Indiana
Penal Code 1860.

Hence, The Appeal.

Timeline

Timeline Events

1800s Payara Bridge was first constructed

2015 Armanibad to Guccipura bridge made by Sagar roadways

Pvt. Ltd. collapsed

January 2018 Payara bridge prohibited for public operation by

Government of Guzar

26 November 2019 Issue of Tender by SG for renovation of the bridge

February 2020 Sagar Roadways Pvt. Ltd. procured the tender by SG for
renovation

24 March 2020 CG issued Nationwide Lockdown pursuant to COVID-19

Pandemic

8 November 2020 Renovation of Payara Bridge by Sagar Roadways Pvt. Ltd.

commenced

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SYNOPSIS OF FACTS

15 August 2022 Deadline for Inauguration of Bridge set by SG

15 August 2022 Payara Bridge was Inaugurated

15 August 2022 Payara Bridge Collapsed wherby 373 people died and 96
were seriously injured

August 2022 Rescue Operation conducted by SDRF, NDRF, Local

Public and Indian Army

August 2022- CG appointed various authorities for investigation into

November 2022 bridge collapse, with a deadline of 2 days

August 2022- Investigation by Central and State Authorities into the

November 2022 bridge collapse in 2 days

30 November 2022 Order of Ld. Sessions Court holding Sagar Roadways Pvt.
Ltd. and Mr. Gulshan criminally liable

Appeal Filed by Sagar Roadways Pvt. Ltd. and Mr. Gulshan

in High Court of Guzar

24 February 2023 N.D.O.H.

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SSTATEMENT FACTS
YNOPSIS OFOF ISSUES

STATEMENT OF ISSUES

ISSUE 1
WHETHER THE PRESENT APPEAL IS MAINTAINABLE PURSUANT TO THE
ORDER OF THE SESSIONS COURT BEING IMPUGNED?

ISSUE 2
WHETHER THE APPELLANT NO. 1 AND NO. 2 ARE CRIMINALLY LIABLE
UNDER SECTIONS 304,304A,325,406 AND SECTIONS 304,304A AND 325 OF THE
IPC,1860 RESPECTIVELY?

ISSUE 3
WHETHER THE SESSIONS COURT MADE AN ERROR IN APPRECIATION OF
RELEVANT FACTS/EVIDENCE?

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SUMMARY OF ARGUMENTS

SUMMARY OF ARGUMENTS

ISSUE 1
WHETHER THE PRESENT APPEAL IS MAINTAINABLE PURSUANT TO THE
ORDER OF THE SESSIONS COURT BEING IMPUGNED?

It is most humbly submitted to the Hon’ble High Court that the present appeal filed by the
Appellants is not maintainable subject to the judgement of the Hon’ble Sessions court being
valid. The Ld. Sessions Court has conducted a fair trial and appreciated all the evidences and
facts carefully with full regard and framed proper. There is no prima facie established to give
regards to arguable points and no sufficient ground for interfering are established in the appeal
pursuant to which the court can dismiss the present appeal summarily. Further the present
matter is a rampant manipulation and misuse of statutory right.
ISSUE 2
WHETHER THE APPELLANT NO. 1 AND NO. 2 ARE CRIMINALLY LIABLE
UNDER SECTIONS 304,304A,325,406 AND SECTIONS 304,304A AND 325 OF THE
IPC,1860 RESPECTIVELY?

It is humbly submitted to the Hon’ble High Court that the Appellant No. 1, Sagar Roadways
Pvt. Ltd. is criminally liable under Sections 304,304A,325 and 406 of the IPC,1860. Further,
the Appellant No. 2, Mr. Gulshan is criminally liable under sections 304,304A and 325 of the
IPC,1860.
ISSUE 3
WHETHER THE SESSIONS COURT MADE AN ERROR IN APPRECIATION OF
RELEVANT FACTS/EVIDENCE?

It is humbly submitted to this hon’ble H It is humbly submitted to the hon’ble high court of
GUZAR that the judgement passed by the session’s court is in light of appreciation to all the
facts and evidences, that there has been no compromise done, while considering the material
facts and evidences of the present case. These are further silent facts that support the case
including Obligation with its duty to maintain value of the religious sentiment along with the
competition commission’s statement , intensive investigation, etc.

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ARGUMENTS ADVANCED
ISSUE 1

ARGUMENTS ADVANCED

ISSUE 1
WHETHER THE PRESENT APPEAL IS MAINTAINABLE PURSUANT TO THE
ORDER OF THE SESSIONS COURT BEING IMPUGNED?

It is most humbly submitted to the Hon’ble High Court that the present appeal filed by the
Appellants is not maintainable subject to the judgement of the Hon’ble Sessions court being
valid. The Ld. Sessions Court has conducted a fair trial and appreciated all the evidences and
facts carefully with full regard and framed proper charges on the Appellant No. 1 and Appellant
No. 2. As such the present appeal is not maintainable. There is no prima facie established to
give regards to arguable points and no sufficient ground for interfering are established in the
appeal pursuant to which the court can dismiss the present appeal summarily. Further the
present matter is a rampant manipulation and misuse of statutory right.

That it is clarified by the Full Bench of the Supreme Court in Parvinder Kansal v. The State
of NCT of Delhi & Anr1 and clarified by the statute as under Cr.P.C. Section 372 “372. No
appeal to lie, unless otherwise provided. No appeal shall lie from any judgment or order of a
Criminal Court except as provided for by this Code or any other law for the time being in
force.”

1.1 NO PRIMA FACIE ESTABLISHED TO GIVE REGARDS TO ARGUABLE POINTS

IN THE APPEAL

The Cr.P.C. does provide for a right to appeal in orders of conviction as under Section 3742.
But it is also to be borne in mind that “Every appeal is not required to be admitted inasmuch
as leave must not necessarily be granted in every matter and the exercise of power in that
regard is dependent upon a prima facie assessment of the material placed before the Court so
as to ascertain whether the appeal raises arguable points or not.”3

1
Parvinder Kansal v. The State of NCT of Delhi & Anr SLP (Cri) No. 3928 of 2020
2
The Code of Criminal Procedure, 1973
3
State of U.P. v. Vakil S/O Babu Khan GOVERNMENT APPEAL No. - 591 of 2022 High Court of Judicature
at Allahabad
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ARGUMENTS ADVANCED
ISSUE 1
That it is submitted that there is no prima facie established to give regards to arguable points
in the appeal. As such the appeal is liable to be dismissed.

That it is further submitted that if the appellants intend to bring new evidence to the present
matter, the provision u/s 391 CrPC for production of additional evidence at appellate stage has
been made for just and fair play and not to fill up gap or lacuna. Sec. 391 CrPC forms an
exception to the general rule that an appeal must be decided on the evidence which was before
the trial court and the powers being an exception shall always have to be exercised with caution
and circumspection so as to meet ends of justice4.

1.2 SUMMARY DISMISSAL

That it is humbly submitted to the hon’ble High Court that the court can dismiss the present
appeal summarily, the power for which is provided as under section 384 of the Cr.P.C. :

“384. Summary dismissal of appeal. (1) If upon examining the petition of appeal and copy of
the judgment received under section 382 or section 383, the Appellate Court considers that
there is no sufficient ground for interfering, it may dismiss the appeal summarily”

No Sufficient Ground for Interfering

That it is submitted that there are no sufficient grounds for interfering in the present matter
pursuant to the sessions court having appreciated the evidence properly.

1.2.1 The Sessions Court Has Appreciated the Evidence Properly

That the Supreme Court in State of Maharashtra Vs. Sujay Mangesh5 adjudicated

"The trial Court has appreciated the evidence properly … The judgment of the trial
Court cannot be said to be perverse. No interference is called for. Application rejected"

The case is made that if the appellate court believes that the trial court has properly appreciated
all the evidence, that becomes a ground for dismissal. In the instant case as the further

4
Ashok Tshering Bhutia vs. State of Sikkim, 2011 CrLJ 1770(SC) ; Anil Sharma vs. State of Jharkhand, (2004)
5 SCC 679 ; Rambhan vs. State of Maharashtra, 2001(2) JIC 444 (SC) ; Kulbul vs. State of U.P., (2001) JIC 262
(All) ; Bir Singh vs. State of U.P., (1977) 4 SCC 420
5
State of Maharastra Vs. Sujay Mangesh Poyarekar (2008) 9 SCC 475
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ARGUMENTS ADVANCED
ISSUE 1
arguments of the Respondents shall prove, all the evidences/facts were properly appreciated by
the Ld. Sessions Court and any interference will waste the time of the court6

That it is further argued that the summary dismissal of the appeal does not bar any proceeding
which the State may be competent to initiate against the order passed in favor of the accused7,
which in the present matter concerns the charges of 308 IPC. However, it was made clear by
the Supreme Court that another appeal by the accused after summary dismissal of his earlier
appeal is barred8.

1.2.2 No Irregularity of Procedure or a Violation of Principle of Natural Justice

It is most humbly submitted that there has been no irregularity of procedure or a violation of
principle of natural justice resulting in the absence of a fair trial or gross miscarriage of justice
in the present matter and all the evidence presented by the prosecution is valid. But for the sake
of the argument the Hon’ble Supreme Court in Lqbal Ismail Soda Wala vs The State Of
Maharashtra And OR’s9

“The Code' of Criminal Procedure is essentially a Code of procedure and like. all
procedural law, is designed to further the ends of justice and not frustrate them by the
introduction of endless technicalities…. The object of the Code is to ensure for the
accused a full and fair trial, in accordance with the principles of natural justice. If there
be substantial compliance with the requirements of law, a mere procedural irregularity
would not vitiate the trial unless the same results in miscarriage of justice.”

1.2.3 No Substantive Question of Law Arises In The Present Case

It is contended by the respondents that no substantial question of law is involved in the present
case and the interference is based on pure question of fact which is entitled to be dismissed.
his court had laid down the test which says if the general principles to be applied in determining
the question of those principles the question would not be a substantial question of law. It might
involve question of law but not ‘substantial’ question of law. The present case does not involve
such ‘substantial’ question of law.

1.3 PROSECUTION’S EVIDENCE TO BE PERUSED

6
Satish Mehra v. Delhi Administration and others 1996 SCC (Crl.) 1104
7
U.J.S. Chopra v. State of Bombay [1955] 2 S C.R. 94
8
Pratap Singh v. The State of Vindhya Pradesh (Now Madhya Pradesh) [1961] 2 S.C.R. 509
9
Lqbal Ismail Sodawala vs The State Of Maharashtra And Ors 1974 AIR 1880, 1975 SCR (1) 710
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ARGUMENTS ADVANCED
ISSUE 1
In Arguendo, if the court is not of the opinion to dismiss the appeal, the Supreme Court in
Biswanath Ghosh v. State of W.B10 held that where the High Court acquitted the accused in
appeal against conviction without waiting for arrival of records from the Sessions Court and
without perusing evidence adduced by the prosecution, there was a flagrant miscarriage of
justice and the order of acquittal was liable to be set aside. It was further held that the fact that
the Public Prosecutor conceded that there was no evidence was not enough and the High Court
had to satisfy itself upon perusal of the records that there was no reliable and credible evidence
to warrant the conviction of the accused.

In State of U.P v. Sahai11 it was observed that where the High Court has not cared to examine
the details of the intrinsic merits of the evidence of the eyewitnesses and has rejected their
evidence on general grounds, the order of acquittal passed by the High Court resulted in a gross
and substantial miscarriage of justice so as to invoke extraordinary jurisdiction of the Supreme
Court under Article 136 of the Constitution."

1.4 THE PRESENT MATTER IS A RAMPANT MANIPULATION AND MISUSE OF

STATUTORY RIGHT

That the Supreme Court in Surya Baksh Singh v. State of U.P.12“17. The criminal justice
delivery system is being held to ransom by convicts who have developed the devious and
dishonest practice of escaping punishment or sentence by filing appeals, obtaining bail or
suspension of sentence and thereafter disappearing beyond the reach of the arms of the law.
The inherent powers under Section 482 CrPC, which the Supreme Court has on several
occasions expounded to have existed from time immemorial, predating the present as well as
the previous CrPC, must be pressed into action lest the already fragile policing and
prosecuting branches of governance are rendered redundant.”

That the Supreme Court in State of Karnataka v. L. Muniswamy13 enunciates that in exercise
of its inherent powers in criminal matters:

10
Biswanath Ghosh v. State of W.B (1987) 2 SCC 55, 1987 SCC (Cri) 259, AIR 1987 SC 1155 ; State Of M.P
v. Makhmal Khan And Others 2005 VIII AD SC 369
11
State of U.P v. Sahai (1982) 1 SCC 352, 1982 SCC (Cri) 223, AIR 1981 SC 1442
12
Surya Baksh Singh v. State of U.P (2014) 14 SCC 222
13
State of Karnataka v. L. Muniswamy 1977 2 SCC 699
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ARGUMENTS ADVANCED
ISSUE 1
"the High Court is entitled to quash a proceeding if it comes to the conclusion that
allowing the proceeding to continue would be an abuse of the process of the court or
that the ends of justice require that the proceeding ought to be quashed. ... The ends of
justice are higher than the ends of mere law though justice has got to be administered
according to laws made by the legislature. The compelling necessity for making these
observations is that without a proper realization of the object and purpose of the
provision which seeks to save the inherent powers of the High Court to do justice,
between the State and its subjects, it would be impossible to appreciate the width and
contours of that salient juris- diction".

That the Supreme Court in Krishnan v. Krishnaveni14

“8. ... when the High Court notices that there has been failure of justice or
misuse of judicial mechanism or procedure, sentence or order is not correct, it
is but the salutary duty of the High Court to prevent the abuse of the process or
miscarriage of justice or to correct irregularities...

9. The inherent power of the High Court is not one conferred by the Code but
one which the High Court already has in it and [it] is preserved by the Code.”

That it is humbly submitted before the Hon’ble Court that the instant case is nothing but the
abuse of the process of law by filing such blatant appeals which has already been effectively
adjudicated by the Ld. Sessions Court. As such the High Court has the inherent power to quash
the appeal under Section 482 Cr.P.C.

The Supreme Court CJI bench described a similar incident, the Morbi bridge collapse which
killed 141 people, including 47 children, as an “enormous tragedy”15. In the instant case, lives
of 373 people were taken and 96 were grievously injured. The incident has paramount
significance not only for the loved ones of those who were lost but as a matter of law, the gross
violation of the fundamental right as envisioned in Article [Link], it becomes pertinent that
the responsible party i.e. the Appellants shall not escape their liability, criminal and otherwise
and such will the counsel for the respondents prove.

"not that he is punished because he did wrong, for that which is done can never be un- done,
but in order that in future times, he, and those who see him corrected, may utterly hate
injustice, or at any rate abate much of their evildoing"
-PLATO
14
Krishnan v. Krishnaveni 1997 4 SCC 241
15
KRISHNADAS RAJAGOPAL, Morbi bridge collapse an enormous tragedy, says Supreme Court, The Hindu
Online, [Link]
court/[Link] , last visited 13 February 2023
16
The Constitution of India, 1950
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ISSUE 2
WHETHER THE APPELLANT NO. 1 AND NO. 2 ARE CRIMINALLY LIABLE UNDER
SECTIONS 304,304A,325,406 AND SECTIONS 304,304A AND 325 OF THE IPC,1860
RESPECTIVELY?

It is humbly submitted to the Hon’ble High Court that the Appellant No. 1, Sagar Roadways
Pvt. Ltd. is criminally liable under Sections 304,304A,325 and 406 of the IPC,1860. Further,
the Appellant No. 2, Mr. Gulshan is criminally liable under sections 304,304A and 325 of the
IPC,1860.
2.1 SECTION 304 & 304A OF THE IPC

At the very extent resembling the situation of the current act caused by the company is a
classic case of culpable homicide where the intention of the party is as mentioned Conspicuous
in para 10 clause (1) it’s been mentioned that the bridge can carry maximum of 150 people
and the company been old classic player in their market its obvious that they know the fact at
the time of claiming for the tender and therefore this fact was certainly hided by the company
which clearly shows their mala fide men rea towards their work done . by doing an act with
the knowledge that they were likely to cause death with such intention in furtherance of a
common intention.17.

As it could be clearly understood after reading the facts that company had the full knowledge
about the fact mentioned in para 10 then also, they intentionally hided the most important fact
which is very clear was the most crucial one because of which whole incident happened even
the court on their observation told on its very first instance that the death was caused because
of the overcapacity of persons on the bridge.

This certain act is inverse of the ray of law and hence it’s very important to give an important
message to the society and gracing the light of law by giving the punishment for the act which
company caused and subjecting them to the weighing scale of justice. On the other aspect if
we talk of Mr Gulshan, he was equally responsible for the act committed as he was the one

17
MUKLESU R REHMAN V/S THE KING AIR 1981 J K 60

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who was the key managerial person of the company and the person who bought the tender for
the company through his links with the officials, he is the person who would have the
knowledge of the facts at the first instance.

The Supreme Court held that there must be a direct consequence of the injuries inflicted on
the deceased.18.

As we can see that Mr Gulshan has the direct role to play in the instance of which he was
having the knowledge of the act which could take place then too he was quite for and
according to the lathe facts according law if someone willingly after knowing the information
which could play a vital role in the case does not disclose it, he is equally liable for the crime
as a person who has done the murderer is. As we can see in the para 10 observation 6 it is been
stated there that the material used was suspicious in nature which could show its clear
intentions which are mala fide in nature. Which proves that company and Mr Gulshan are of
non-law binding nature and for setting the standard for the society to compile on the rule law
is superior among all. Hon’ble Sessions court in Para 10 clause 2 that it has been noticed that
company was negligent in terms of materials and employee used,

This observation of the court clearly sets an asset to this matter, if we look on the part of
company being so creamy position holder of the particular market were unaware of the amount
and the quality and quantity of the material used? This fact on the common unjustifiable sense
of a person it is in the same unjustifiable way as a player playing a sport don’t know the pros
and cons of that particular sport)

. All the facts and the evidence are on the desk and which clearly shows the act and the men
rea behind it. Negligent activity done by the company is causing effect on public at large,
which could in future could result set a strong example of disobeying your power and hold in
the market which is just disobeying the spirit of the law itself.

2.2 SECTION 325 OF THE IPC

18
Virsa Singh vs State of Punjab (AIR 1958 SC 465)

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Many voluntary mistakes done by the company and Mr Gulshan was hidden by the
compensation paid by the government to the person aggrieved of the incident. They are the
mischievous master of the market dominating with the mala fide and unlawful means which
as a result effected at the highest peak for the public at large. In para 7 of the problem, it is
clearly coming out of the investigation by respectful concerned public authorities that
company had worked upon several other projects among which it constructed a bridge in 2015
which was meant to connect Armanibad and Guccipura, however it collapsed way before the
inauguration and the matter didn’t catch the required public attention as there were no
casualties reported.

This shows the clear aspect of voluntary and intentionally as the past history of the accused is
been same as been refined under the ways of blender reefing the crimes but this time the
blender didn’t work and the thin crunches of the crimes were left as evidence and these
crunches took the life of more than 373 people and 96 people which fulfil the condition of
voluntary. at the time of employee those men he knew or had reasons to believe to be likely
to cause it.

To constitute the offence of voluntarily causing hurt there must be complete correspondence
between the result and the intention or the knowledge of the accused19. were severely injured
and mental trauma. Hence the punishment set by the Hon’ble Session court ignites the lamp
of justice. The mere factor that creates the mala fide work and the short passage set by the
company so many lives that is to Advertise themselves with the help of the total previous
knowledge of the political rally which ignited the flames of men rea of hiding the facts which
could have stopped this incident from happening if they could have talked about the fact of
no. of person the bridge could handle.

Mr Gulshan for gaining some political connections so that his work can grow more hided the
primary fact of what could happen and conducted the unlawful actus rea .He is the part of the
major concern to be observed by the court as he as an individual didn’t disclose the disclaimer
and restricted his company decisions too at some extent being the Key position in the
company, Funpur being a so populated city the bridge which was made was to connect old

19
Ramkaran Mohton v/s state AIR 1958 PAT452

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funpur to new fumpur was so important as no. of people travelled from that place to another
there life was always in danger when the bridge was constructed.

Note- The act done by the company is against the fundamental rights of the citizen that is right
to life Article 21). The mere statement mentioned in point 10 (6) does not fulfil the
trustworthiness of Mr Gulshan and company as already told I n para 7 the investigation came
out with Mr Gulshan having personal contacts with prominent men in the system which at a
point led him to get the certificate because if we see the materials used in making the bridge
as mentioned in para 10 (2) the observation of the Hon’ble Session court it is impossible that
during the inspection this major fault of the accused didn’t came in to lights which gives a
strong ray of Mr Gulshan misusing his connection and position in the society .It is been very
clear after reading the following facts and the terms that Mr Gulshan even after knowing what
could happen in future did there actus rea which resulted in loss for the society hence
according to the facts and the standard set by law company and Mr Gulshan are been liable
for the act done under section 325 of IPC. On account of the grievous injury caused to these
injured the offence under Section 325/34 of IPC has got substantiated considering the evidence
in its entirety. Therefore, a person can be convicted for section 325 of IPC on the basis of
above observation.20

It is to be duly noted that as mentioned in para 10 of the observation of the Hon’ble Session
Court there were no intensions on the part of the security they on their best level tried to
control the situation by indulging themselves in the best possible way but on the other side the
company didn’t put any caution for the visitors that if not adhering to the capacity of the bridge
the incidence could happen neither have informed the government about the same that certain
misshapen could happen if it was told the government can do certain arrangements s adhering
to the facts of the capacity the bridge could hold the facts coming in the picture strikes on the
company and Mr Gulshan logically that if they would have disclosed such important fact in
front of the concerned authorities then the mishappening could have been stopped but to the
mala fide intentions of the company and Mr Gulshan to advertise themselves risking the life
of the public at large knowing that it was an auspicious day 15 august and an historic
monument which a large gathering will truly gathered as it was the day of independence day

20
Gopal Sharma Son Of Somaru Sharma vs The State Of Jharkhand on 6 September, 2021

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and people will surely come and visit the historical monument which is been reconstructed
specially being in the knowledge that political rally could take place hiding the fact just for
the sake of publicity is not at all acceptable in front of the ethics and norms set by the law and
is harmful act towards the feeling of maintaining law and order in the society .Willingly using
the monument for your personal gain on the value of putting public at large in danger is a
serious offence.21

2.3 SECTION 406 OF THE IPC

As Mr Gulshan is well entrusted with the company and being a key managerial position holder
was well intrusted with the company is also liable for all the acts committed by his company
playing a vital role in it by manipulating the public at large will fully for getting his own
benefit of the company by getting the tender of the company through his connections as he
already knew that it is the renovation work of the historic monument which will be of great
importance in the life of the society and specially the inauguration was on an auspicious day
of Indiana independence where his sole benefit of been getting known in the market used his
mala fide intensions and getting the connections in the political arena too it was a fruitful
chance for Mr Gulshan to enter into the market and to advertised themselves to the public at
large without keeping the knowledge of the public security at large.

There are two distinct parts of the said offence;

[Link] accused was entrusted with property, or with dominion over it

2, That he (a) Misappropriate it or (b) Converted to it for its own use or (c)used it
(d)Dispose of it22.

As we can clearly see in the facts that all the conditions for falling under criminal breach of
trust is been fulfilled by the accused therefore he is liable for criminal breach of trust under
the standards set by law, He is been closely entrusted to the property and he misappropriate
with his mala fide intentions towards the use of the situation for his own means as the public

21
Balbir Singh Kasol v/s State on 1 October 2013
22
BINOD KUMAR AND ORS V/S STATE OF BIHAR AND ANOTHER CASE NO 1150 OF 2016

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at large gathered at that venue could be well advertised by the public and which could help
him building more and more connections with larger player so that they can be used by him
in future for the further mala fide games through his contacts which he is been playing from
past earlier in 2015 is an prominent evidence for the same which could be seen In the case of
collapse of the bridge which was connecting Armanibad and Guccipura.

Therefore, in the aforesaid lights of law the above facts prove the guilty intention of the
Company and Mr Gulshan towards their personal benefit.

As we know the fact mentioned in fact 1 of the problem the measurement stated of the bridge
was inadequate according to the normal measurements the facts was clearly well none by the
company being an old player in the industry it’s expected that they knowing the measurement
of the bridge, which fact was again neglected by the accused which during taking of tendered
was not pointed out by the company and Mr Gulshan took this advantage to take his mala fide
intentions by conducting the work in minimal unauthentic resources as mentioned in para 7
just for the personal advantage of building the contacts and advertising there company at the
risk of the public at large by showing a careless towards the society at large if a person have
domain on any others property which they dishonestly use as a product of their personal use
then they will be liable of section 405 of IPC.23

23
SW PALANITKAR AND OTHERS V/s STATE OF BIHAR2001 (1) BLJR 527

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ISSUE 3
WHETHER THE SESSIONS COURT MADE AN ERROR IN APPRECIATION OF
RELEVANT FACTS/EVIDENCE ?

It is humbly submitted to this hon’ble court of justice , that there has been no compromise done,
while considering the material facts and evidences of the present case. The very aspect of the
session court’s judgement was not candid but was in a manner in which it analysed the case in
“material fact periphery “ and “particular facts periphery”, thereby ,maintaining a clear focus
on the ground realities without reference to the cryptic.
The observation made by the session court was far more significant, inclusive of its judgement
at the time. The sessions court exclusively appreciated the below mentioned facts24,

3.1 EXCLUSIVE RECOGNITION OF OBSERVTION

3.1.1 The payara bridge at the time of the renovation has a capacity of holding the weight
equivalent to 150 people. This inform was not duly conveyed to the authorities pre
hand. The appellants willingly concealed the revealing information that should be
disclosed and would otherwise affect the terms or creation of a contract. The active
non-disclosure by words or actions in this situation where there is a positive duty on
the appellants to disclose the very fact about weight distribution was negated in ab-
initio .
This deliberate act of “carelessness” further implies to the hidden intentions of the KMP
Mr. Gulshan, knowing fairly well that , there would be many important political figures
present in the inauguration, thereby providing with the opportunity to increase his ties
and connections with the political front. Not wanting to miss out on such an enhancing
opportunity in a nutshell , the appellants did not ask for an EOT and also did not pre
inform the government about the weight distribution ratio of the bridge.

.” What is 'dishonesty' is also defined in s. 24. Indian Penal Code. Whoever does
anything with intent of causing wrongful gain to one person or wrongful loss to another
person is said to do that thing dishonestly. Wrongful gain and wrongful loss are also
defined in s. 23, Indian Penal Code. Wrongful gain is gain by unlawful means of
property to which the person gaining is not legally entitled. Wrongful loss is loss by

24
Moot proposition, para 10
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unlawful means of property to which the person losing is legally entitled. Therefore, in
the matter of deception there should be intention of wrongful gain to one person or
wrongful loss to another person. This means that there should, be a gain by wrongful
means of property. In so far as the facts and circumstances of our case are concerned,
the question of property does not arise at all”.25
On the same line , the present court shall find it necessary to go into the nicety of the
question of “gain” inasmuch as the question of “concealment of the relevant fact”26
What the respondent accept as true is that guilt and innocence of a person both the
phases are dependent on one’s mind that how a crime is committed by a person whether
intentionally or not. Assuming that the act which is done by the appellants was without
intention but with relevant and requisite knowledge has still led to a crime of heinous
nature, and this very said fact has led the counsel to believe that the appellants by filling
an appeal in this very court are in contravene to the doctrine of clean hands.

3.1.2 “To any civilized society, there can be no attributes more important than the life and
personal liberty of its members. These twin attributes enjoy a fundamental ascendancy
over all other attributes of the political and social order.”27

It is contended that this very hon’ble court treats negligence, where there is duty to take
care, as specific tort in itself and not simply as an element is some more complex relationship
or in some specialized breach of duty.28 According to the Latin maxim ‘res ipsa loquitur’,
In such a case it is sufficient for the plaintiff to prove accident and nothing more.
The counsel has further included two important points i.e. knowledge of a danger and it
should be more than a mistake or must be an unforgivable act. To fasten the liability in
criminal law, the degree of negligence has to be higher than that of the negligence enough
to fasten liability for damages in civil [Link] prove that appellants has acted with criminal
negligence, the following essentials has already been proven:-

25
Ramakrishna Babura Maske v. Kishan Shivraj ShelkeBombay High Court Feb 5, 1974 ; Queen Empress v.
Bakma Kom Sadhu. 1886 I.L.R 11 Bom. 59.; National Human Rights Commission v. State of Gujarat and Ors.
(2009) 6 SCC 342
26
MD. RUSTAM ALIAS RUSTAM V. STATE OF BIHAR ,AIR 2003 SC 562, 2003 (2) ALD Cri 143, 2003
(2) BLJR 1302, 2003 CriLJ 834, (2002) 10 SCC 273
27
CRIMINAL NEGLIGENCE AND LIABILITIES, [Link] (published: May 27,
2021)
28
Donoghue v. Stevenson(1932) A.C. 562
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1. If a person has acted recklessly and generated a high risk of death or bodily injury,(
about 373 people dies and 96 people were severely injured)
2. A person (appellants) would have known that these acts would create such a risk.(
no secondary tool of precaution in the structure was inserted, like, skin reinforcement
or supporting beam or resonance receptors )

“Simple lack of care- such as will constitute civil liability is not enough; for purposes of the
criminal law there are degrees of negligence; and a very high degree of negligence is required
to be proved before the felony is established.29
The negligence portrayed at the part of the appellants is the gross and culpable neglect and
failure to exercise that reasonable and proper care and precaution to guard against injury either
to the general public or to an individual in particular, which having regard to all the
circumstances and of which the charge has arisen, it is the imperative duty of the accused
person to have adopted without any special notice from the side of the respondents.30
The Supreme Court instated that the essential ingredient of Mens Rea should be considered
when the charge in a criminal court consists of criminal negligence. Breach of duty of care
becomes criminal in nature when there exists sufficient Mens Rea in act of [Link] the
law of negligence, professionals such as lawyers, doctors, architects and other are included
in the category of person professing some special skills or skilled persons generally.
The concept of negligence stays the same in professional negligence. When these ethical
standards get violated and there is a breach of duty to serve the society, then Professional
Negligence takes place.
Judged by the above standards a professional may held liable for negligence on one of the
two findings: either he was not possessed of the requisite skills which he professed to have
possessed, or, he did not exercise, with reasonable competence in the given case, the skill which
he did possess.( further ahead , it may be deemed that , appellants were also not able to match
with either of these two contentions.)
However, the counsel for the respondents do recognise that it is not necessary for every
professional to possess the highest level of expertise in that branch which he practices, but the
very basic.

29
Andrews v. Director of Public Prosecutions, (1973) A.C. 576
30
Balchandra woman Pathe v. State of Maharashtra 1968 Mh.L.J. 423
31
Jacob Mathew v. State of Punjab AIR 2005 SC 3180
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In Michael Hyde and Associate v. J.D. Williams and Co. Ltd., Sedley L.J. said that where a
profession embraces a range of views as to what is an acceptable standard of conduct, the
competence of the defendant is to be judged by the lowest standard that would be regarded as
acceptable32. the fail to meet even such a standard hold speaks for its wlf about the credibility
of the appellants and the abuse of the links they surfaced of any nature.

3.1.3 The assembly of people on the day of the inauguration was of reasonable and expected nature,
considering that a number of political fronts were present 33 , it was expected and foreseeable
that the people would show their excitement and would be curious enough to see these eminent
leaders in real life. had it been evidently conveyed about the bridge capacity of the individuals,
stricter measures would have been allotted , in which the army might had already been
deployed34. The facts make it clear that all the officials present for the purpose of the security
were alert and proper care was taken.
3.2 APART FROM THE ABOVE STATED OBSERVATION, FOLLOWING FACTS WERE
ALSO PRESENT THAT PROVES THE VERY CONTENTION OF THE
RESPONDENTS:
3.2.1 OBLIGING WITH ITS DUTY TO MAINTAIN VALUE OF THE RELIGIOUS
SENTIMENTS

The state can neither take the view that it will control all aspects of religion, nor that it will
have nothing to do with it; that no matter what happens, it will always keep religion at an
arm’s length. The state must keep, what I have called, a principled distance from all religions.
On the principled distance view, there is absolutely no need for a state to have any law or
public policy pertaining to matters of faith untainted by control, hierarchy or exclusion. A
state must not interfere in what faith we have and how it is practised. Faith in god, gods and
goddesses or in god-independent human qualities such as reason must remain free from
interference. But equally, a just, egalitarian, and freedom-sensitive state cannot abandon its
obligation to remove the residue of intra- or inter-religious domination from its society.35 Not
only is it the state’s obligation to maintain the structures used by the public , for the public

32
Michael Hyde and Associate v. J.D. Williams and Co. Ltd. (2001) P.N.L.R. 233. CA,
33
Moot preposition, para 4
34
MANDEEP PETITIONER(S) V. STATE OF HARYANA (S) 24 April, 2017 CRM No. M- 12230 of 2017 1
Sr. No.223 IN THE HIGH COURT OF PUNJAB & HARYANA

35
Rajjev Bargava , Should the state leave religion alone?, (February 17, 2019 12:15 am | Updated 01:04 pm
IST)[Link]

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good but also it is the obligation of the state to keep in regards that, while maintaining its
structural forma it do not hamper with the religious sentiments connected with such structure.(
Similar correlation can be seen with regards to the Lakshman pull in Haridwar) In the present
case the government ask for the reconstruction, was with respect to it not hampering with any
religious sentiments , rather just enhancing and beautifying, while increasing its strength and
overall performance of the already established structured.
To regain the structure to the level where people can continue practicing their religious
believes at the same time , avoiding any such mishappening which could occur at the time of
the bridge’s construct.
“The law addresses itself to the State as much as to every citizen of the nation. Its norms
bind those who govern the affairs of the nation at every level. The State, has by enacting the
law, enforced a constitutional commitment and operationalised its constitutional obligations
to uphold the equality of all religions and maintaining any such structure of worship to which
people relate their religious sentiments with.” 36
Furthermore in the case of Ashwini Kumar Upadhyay v Union of India 37,it was further
contended that it is a subset obligation of the state to uphold these structures that pertain to
the religious believes of the people and not to show preference or favour to any such
monuments of secular nature which could deviate the state from its implied obligation to
maintain the boundary with the religious belief of the public.

3.2.2. FAIR SND IMPARTIAL APPOINTMENT OF THE AGENCY TO CARRY OUT THE
TASK OF RECONSTRUCTION

It should inevitable be noticed that the government had its intentions clean and tried its best to
comply with the principle of fair approval and appointment of the construction agency , to fulfil
the task at hand , i.e. to appoint the agency or company only when it meets the set criteria of
certain obligations and fulfil other necessities.
The government issued an online tender or e- tender so that the entire process of appraisal and
appointment could be shown prima facia , the same reason remains for the time taken of 3
months .The process of obscuring an e-tender is quite cumbersome and rigorous while at the
same time transparent and evident to all the set deadlines. The e-tendering process in India is

36
M. Ismail Faruqui v Union of India AIR 1995 SC 605 : (1994) 6 SCC 360 : JT 1994 (6) SC 632 : (1994) 2
Suppl. SCALE 10
37
Ashwini Kumar Upadhyay v Union of India, WP (C) No. 699/16 10th August 2021
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designed to ensure that the work to be done for the government or a particular client is done in
a fair way38.

3.2.3. TIME LINE ALONG WITH DEAD LINE

Irrespective of the prevalent covid-19 situation , having notice to the same , the government
further more allotted a time of 2 years for the simple task of renovation by the bridge. So as to
avoid any hampering upon the quality of the bridge and at the same time providing adequate
time to the company to fulfil the task within specified time period. (Note: no EOT was
demanded by the company). It need be noted that a contract of any nature has a specified
timeline , since 2020, the time period of meeting the execution of the performance was initiated
on the behalf of the company.
To renovate a pedestrian hanging bridge , the time of more than 2 years was
enough to fulfil the jib with exceptional standards , seeing at the already dominant and well
stated position of the appellant, there carelessness and negligence to use adequate material was
a sheer and gross crime at their part. Not only did the appellants compromised on the quality
of the bridge but were trying to conceal this very fact. Since the company was an entrusted
party , and held the liability to fulfil the requirement of appropriate care and execute the
performance to the best of their capabilities, they failed to do so.

3.2.4. IMMEDIATE COMPENSATION

Not only was government efficient enough to initiate the rescue operation within minute safter
the incidence took place , but also was quick enough to notice the inadequacy of the man power
bestowed with the state government , thereby requesting the Indian army to intervene with
sending in the task force for the purpose of rescuing. Herby not shaming away from asking for
help.
Not only that but also the government was quick to allocate the compensation
of apt amount ,i.e. 1,00,000/- for the deceased and 50,000/- for the grievously hurt39
3.2.5. INTENSIVE INVESTIGATION

38
Thejes Udayan , An Ultimate Guide to E-tendering Process in India September 3, 2018
39
Moot preposition ,para 5
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The grave nature of concealment of fact and the degree of them fraudulently portraying
themselves as competent could not had been evidently noticed by the government, as when the
tender is allotted to a particular company , this very record is checked, but it was only upon the
nature of intensive investigation that the mishaps of their past was revealed . even so, if the
previous incidence is ignored as a mistake , the present matters a crime.

3.2.6. FULFILLING THE OBLIGATION OF EFFICIENT SAFETY

The contractors prioritize protecting the employees and the project's property during
construction. So, addressing safety concerns and reducing injury risks may be accomplished
using a construction safety program.

A contractor ought to have enough knowledge about the practical

ground conditions of any construction project. Proper due diligence, inspection, and
independent assessment must be carried out at the time of the bidding stage in order to assess
the nature and scope of work. If the contractor fails to do so, it not be eligible to make claims
with respect to ground conditions.

To understand the expectations from a contractor, it is useful to take look at the judgment of
the TCC in Obrascon Huarte Lain SA v Her Majesty’s Attorney General40 for
Gibraltar (‘Obrascon’).14 In Obrascon, it was held that an experienced contractor must make
its own assessment of all available data and come to its own conclusions, rather than to
‘slavishly’ accept the information from the employer. Failure to carry out an independent
assessment of ground conditions would deprive a contractor from claiming damages and would
entitle the employer to terminate the contract for the delay on the part of the contractor
attributable to ground conditions.

“Application of these principles involves a delicate judicial balancing of competing interests

in a criminal trial - the interests of the accused and the public and to a great extent that of the
victim have to be weighed not losing sight of the public interest involved in the prosecution of
persons who commit offences….41

40
Obrascon Huarte Lain SA v Her Majesty’s Attorney General EWCA Civ 712
41
National Human Rights Commission v. State of Gujarat and Ors. (2009) 6 SCC 342

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3.2.7. THE COMPETITION COMISSION’S STATEMENT

Competition Commission of India aims to establish a robust competitive environment.

Through proactive engagement with all stakeholders, including consumers, industry,
government and international jurisdictions .By being a knowledge intensive organization with
high competence level .Through professionalism, transparency, resolve and wisdom in
enforcement.

"CCI performs inquisitorial, as opposed to adjudicatory functions, the doors of approaching

the CCI and the appellate authority,42." CCI do take in all the requisite grounds of analysis
and only after that do this competent legal body issue’s a statement or decades to make Suo
motto cases or any legal action against any organisation or company. Thereby any question
upon the credibility of CCI or the information delivered by CCI43

3.2.8. ECONOMIC COMPETITION44

Market studies are research projects that help examine the how particular markets are working,
the regulatory architecture governing a sector and its implications for competition as well as to
gauge patterns of consumer and business behaviour45. CCI is not eloped from the modern-day
concept of analysis and theory practicality in the working world. Thereby it considers all the
socio- logical aspects of deterrence before deluding its hands into the working of a
firm. Relevance of economic theory for competition law is evident with the incorporation of
economic concepts and reasoning into case analysis, growing judicial reliance on economic
evidence and substantial presence of economists in competition authorities.
Economic theory provides frameworks to comprehend theory of harm and for analysing
information regarding:
(i) structure of an industry;
(ii) strategies adopted by firms and
(iii) demand conditions and the underlying technologies.

42
Samir Agarwal vs Competition Commission of India & Ors. [Civil Appeal No.3100 of 2020]
43
Moot proposition, para 8
44
Shivashakti Sugars Limited v. Shree Renuka Sugar Limited And Others, LAWS(SC)-2017-5-65SUPREME
COURT OF INDIA ,Decided on May 09,2017; shivashakti sugars limited vs. shree renuka sugar limited &
ors. [laws(sc)-2017-5-65] [referred to]
indian sugar manufacturing company limited vs. union of india and ors. [laws(bom)-2019-1-302] [referred to]
swami samarth sugars and agro industries ltd vs. loknete marutrao ghule patil dnyaneshwar sahakari sakhar
karkhana ltd [laws(sc)-2022-7-62] [referred to]
45
CCI, Market Research, https:/[Link]/(last visited 13 February 2023)
MEMORANDUM ON BEHALF OF RESPONDENT
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 LJ SCHOOL OF LAW NATIONAL MOOT COURT COMPETITION, 2023
ARGUMENTS ADVANCED
ISSUE 3
Competition economics, an applied field of modern Industrial Organisation (IO) theory
provides blueprints for evaluating the likely effects of conduct falling in the purview of antitrust
laws and futuristic assessment of mergers. Only when the CCI has fulfilled the above criteria
of research , do they make any statement on the credibility of any particular organisation.

3.2.9. NON-TRANSPARENCY AND IRREGULAR REPORTING

In respect to the Government and market regulators has been the primary cause of corporate
corruption around the world. In any corporate set-up, invariably some of the employees are
well versed with the workplace activities and are also aware of any kind of misconduct taking
place. Despite being the first people to become aware of the wrongful deeds of the corporates,
most of the times they choose to exercise a studied silence due to the apprehended retaliation
that may follow by the powerful people in charge. Herein , from the above established facts it
could be well comprehended that the there are margins and tracks of portrayal of corporate
corruption on the behalf of the appellants and such knucks and corners of fallacy , over the
time has been so aggravatedly multiplied that , the saddening incidence of 15 august 2022 took
place.

Bias does not equal bias: a socio-technical typology of bias in regards to emotions of people
who suffered a loss due to fallout on the bridge. rule against bias , it’s not only imp for justice
to be done but also to show that justice has been down the imposition of people’s loss and the
demise of many cannot just be ignored by this very adept court. “In law it is any relationship,
interest or attitude which actually did influence or might be perceived to have influenced a
decision or judgment already or yet to be given” 46

46
Orange Communications Ltd v Director of Telecommunications Regulation[2000] 4 IR 159, 221
MEMORANDUM ON BEHALF OF RESPONDENT
20
 LJ SCHOOL OF LAW NATIONAL MOOT COURT COMPETITION, 2023
PRAYER

PRAYER

Wherefore, in the light of the facts of the case, issues raised, arguments advanced and
authorities cited, this Hon’ble court may be pleased to:

1. DECLARE the order of the Ld. Sessions Judge dated 30th November 2022 as VALID.

2. HOLD and AFFIRM the Conviction of Appellant No. 1 Sagar Roadways Pvt. Ltd.

under Section 304,304A,325 & 406 of IPC,1860.

3. HOLD and AFFIRM the Conviction of Appellant No. 2 Mr. Gulshan under 304,304A

& 325 of IPC,1860.

4. DISMISS the present Appeal.

AND/OR

Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience.

And for this, the Respondent shall as in duty bound, forever humbly pray.
Counsels for the Respondent

MEMORANDUM ON BEHALF OF RESPONDENT

21