- (1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No. 234/2014 dt. 22.08.2014 of Police Station, Chhoti Sadari, District Pratapgarh for the offence punishable under Sec. 8B of National Highways Act, 1956 (hereinafter referred to as 'the Act of 1956') and 283, 336 and 420 IPC. The impugned FIR has been lodged at the instance of respondent No. 2 - Project Director, PWD, NH Division, Nimbahera, District Chittorgarh while contending that the contract of construction of national highway, details of which are provided in the FIR, has been awarded to the petitioner - Chetak Enterprises Ltd. (hereinafter referred to as 'the construction company') and as per the terms and conditions of the contract during the construction of highway, the construction company is required to maintain traffic worthiness and safety thereof. In the impugned FIR certain discrepancies are detailed out to demonstrate that the construction company has failed to take all safety measures which it required to maintain during the construction of the national highway and due to that there exists danger to the public safety at large and the people passing on that national highway are facing great difficulty. It is alleged that the representatives of construction company are guilty of commission of offence punishable under Sec. 8B of the Act of 1956 and Sections 283, 336 and 420 IPC.
(2.) While challenging the impugned FIR, learned counsel for the petitioner has submitted that from bare reading of contents of the impugned FIR no offence as alleged in the impugned FIR is made out against the construction company. It is contended that even if it is assumed that the construction company has failed to take certain safety measures as per the conditions of contract then also it is only a case of noncompliance of the terms and condition of contract and in no manner it can be said that the construction company is guilty of commission of any offence.
(3.) It is also argued by learned counsel for the petitioner that essential ingredients to constitute offence punishable under Sec. 420 IPC are absolutely missing in the complaint and, therefore, the police has also erred in registering the impugned FIR against the construction company for the offence punishable under Sec. 420 IPC. In support of above argument, reliance is placed on a decision of Hon'ble Supreme Court rendered in Thermax Ltd. (M/s.) & Ors. v. K.M. Johny & Ors., 2011 CrLR 869.;