Legal Question in Criminal Law in India

An Sra Scheme is being constructed without CRZ clearence in Nariman Point Mumbai.

1).During the construction two worker fell from the sixth floor during a span of 10days

2).The first worker fell from the sixth floor during course of construction on 1st Sept 2011 . The worker was grievously injured and hospitalized . The contractor did not provide the workers with the safety belts .On a complaint the case was registered c contractor was charged u/s 338.The developer was not charged as he made a statement to the police that as per an agreement with the contractor the contractor has indemnified him against any mishaps.

3).The second worker fell from the sixth floor on the 10th Sept .The Police was the complainant and again the case was registered and the contractor was charged u/s 338.The worker was grievously injured and hospitalized. Inspite of the first mishap the worker were not provided with safety belts.

4).The charge sheet has not been filed in both the cases

5). The above came to the notice of an Local NGO who complained in writing to the commissioner who ordered an impartial inquiry.The NGO has provided the Police Officer with the an indemnity bond given by the developer to the SRA in which he has stated that the he will be responsible for any mishap occurred to the worker at the construction site.

6).The developer to evade arrest had omitted the above fact in his statement to police station.

7).The NGO has demanded the arrest of the developer and has also asked him to be charged with culpable homicide due to negligence I.E 304 part II ,201,338,34 of IPC.

8) Also since the developer was named in the first police report the NGO has demanded that supplementary charges be filed against the developer and he should be arrested.

Is the Above legally tenable?.Suggest.

I am writing to u on behalf of the workers and the NGO.

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