10-year-old boy’s death: HC quashes FIR against housing society officials

The incident occurred on November 19, 2013, at around 5pm when Ali Hyder Rashia Shaikh was using the lift to go to the 4th floor of the society’s B-Wing. The lift malfunctioned, trapping the boy between the lift and the shaft, resulting in his death

Mumbai: The Bombay High Court recently quashed a First Information Report (FIR) for negligence against the chairman and secretary of Saidham Tower, a housing society in Nalasopara, Thane, in a case about the death of a 10-year-old boy who was crushed by a faulty lift in 2013.

10-year-old boy’s death: HC quashes FIR against housing society officials

In its ruling, the court highlighted that while there were allegations of negligence against the society officials for failing to ensure proper maintenance and replacement of the lift, these omissions did not directly contribute to the tragic incident. The court emphasised that the essential element of ‘rash and negligent’ action resulting in the death, as required by section 304A of the Indian Penal Code, was not present in the case of the society officials.

The incident occurred on November 19, 2013, at around 5pm when Ali Hyder Rashia Shaikh was using the lift to go to the 4th floor of the society’s B-Wing. The lift malfunctioned, trapping the boy between the lift and the shaft, resulting in his death.

It was alleged that the lift, installed around 12 years before the incident, had been experiencing various issues for over a year leading up to the tragedy. These issues included electric current surges, damaged locks, non-opening of doors, sudden movements, and a previous incident where the lift fell from the 7th floor to the ground. Despite repeated requests from the society members to address these issues and replace the malfunctioning lift, the chairman and secretary, identified as Dr Sanjay Rajaram Manjalkar and Shivkumar Singh respectively, allegedly failed to take appropriate action.

Following the incident, an FIR was filed against Manjalkar and Singh under Section 304A of the Indian Penal Code (IPC) for causing death by negligence. However, the Bombay high court bench of justice AS Gadkari and Shyam C Chandak has now quashed the FIR against both individuals.