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The FIR, registered on a complaint from the husband of one of the victims of the cave-in, originally invoked Section 304A (causing death by negligence), which carries a maximum punishment of two years. On Tuesday, this converted to Section 304 (culpable homicide not amounting to murder), under which an accused can be imprisoned for 10 years.
Five flats of Tower D of Paradiso from the sixth to the second floors partially collapsed in a straight line on February 10
A police officer said the change was made based on statements from residents of Tower D of Paradiso, where five flats from the sixth to the second floors partially collapsed in a straight line. In the statements recorded by residents, they have alleged they had apprised the developer about cracks appearing on the walls and plaster peeling off on several occasions, police said. They have also shared emails exchanged between various residents and the developer about poor construction quality and the concerns they had about safety.
The special investigation team (SIT) formed to probe the collapse is also looking into Solomon’s background, for which they have contacted Delhi Police. “The investigation is under way. We will record the statement of the suspect to get more details. We are also in touch with Delhi Police to get his records,” said ACP (Udyog Vihar) Rajeev Yadav, who is part of the SIT.
The change in section is significant because, according to the Supreme Court’s orders, arrest is not mandatory in cases where maximum punishment is less than seven years. With Section 304 being invoked now, this no longer applies.Charging the developer under more stringent sections was among the seven demands placed by Paradiso residents, who began a relay hunger strike on Monday, before the government.
Another FIR was filed last week on charges of forgery and cheating on a complaint from the department of town and country planning against the directors of Chintels, contractor Bhayana Builders, and the structural engineers and the architect of Paradiso.
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