- (1.) Through this application under Section 482, Cr.P.C. the applican has prayed for quashing an F.I.R. dated 25.8.1998 lodged at P.S. Dalanwala, District Dehradun under Section 420, I.P.C. in case Crime No. 338 of 1998.
(2.) When asked if the powers under Section 482, Cr.P.C. could be exercised to quash an F.I.R. in view of the judgment of this Cour in Ram Lal Yadav's case and A.S. Bindra's case the learned counsel submitted that the cases may be distinguished as the F.I.R. was against a corporate authority and no Criminal action lies against a corporate authority as no individual was named as an accused. Reliance was placed on a decision of the Supreme Court as reported in JT 1997 (10) S.C. 165 as also on an unreported decision of this High Court dated 8.5.1998 in Criminal Misc. Application No. 9353 of 1986.
(3.) The facts of the case may be stated in brief before the law point could be taken up. The F.I.R. now under challenge is at Annexure '14' to the present application which was lodged on the basis of a report from the Superintending Engineer, U.P. Jal Nigam at Dehradun, which is at Annexure '13' to the present application. The report was made to the Officer-in-Charge of the concerned Police Station stating that M/s M.K. Vinyl (P) Ltd. Had supplied to the Jal Nigam, between February and July, 1997, certain quantity of pipe of certain specifications under an indent from the Department. Payment was made by the Department to the Firm, but on actul use the pipes were found broken and suffering from excessive leakage. The pipes were inspected by the experts from the Roorkee University as also from Shri Ram Institute for Industrial & Research and the same were found not in conformity with the standard given by the Indian Standard Institute and as such the Department was cheated.;