SANDEEP MEHTA,J. - (1.) THE instant misc. petition has been filed on behalf of the petitioner seeking quashing of the FIR No. 87/2012, registered at Police Station Lalgarti, Dist. Sri Ganganagar.
(2.) LEARNED counsel submits that ex facie the offence under Section 88 of the National Highways Act, 1956 is not made out against the petitioner. The allegations which have been made in the FIR is that the petitioner along with other villagers in order to make their protest about the murder of a girl formed an assembly and then blocked the National Highway No. 15 by putting bricks, stones, trolleys and large number of vehicles upon the road. It has been mentioned in the PIR that the road was obstructed by this act of the accused persons and the public was made impassable for the travelling.
(3.) SECTION 8B of the National Highways Act, 1956 reads as under: - "8B. Punishment for mischief by injury to National Highway. - Whoever commits mischief by doing any act which renders or which he knows to be likely to render any National Highway rendered to in subsection (1) of section 8A impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both." A bare reading of the said provision reveals that any act, by which, the National Highway is made impassable or less safe for travelling or conveying property is an offence punishable with imprisonment of either description for a term which may extend to five years, or with a fine or with both. ;