MCRC-4197-2014 (IQBAL MOHAMMED SIDDIQUI Vs THE STATE OF MADHYA PRADESH) 22-09-2015 Mr.K.N.Pethia, learned counsel for the petitioners.
Mr.Vaibhav Tiwari, learned Panel Lawyer, for respondent no.1 and 2..
Mr.Santosh Pasi, learned counsel for respondent no.3.
Heard.
In this petition, under section 482 of the Code of Criminal Procedure, 1973, the petitioners seek quashment of the proceeding initiated against them for offences under sections 283,336,290,431 read with section 34 of the Indian Penal Code, which is pending in the Court of Judicial Magistrate First Class, Lakhnadon, District Seoni.
Petitioner no.1 is a Project Director of National Highway Authority of India, Project Implementation Unit, which is a Government of India undertaking, petitioner no.2 is the Manager (Technical) of the Project Implementation Unit and whereas petitioner no.3 is the National Highway Authority of India which is a Union of India undertaking established by Ministry of Road and Surface Transport.
Respondent no.3 filed a complaint against the petitioners inter alia on the ground that on 31.8.2013 when he was going to Dhooma to attend a case, his motor cycle slipped on account of bad road condition as a result of which he sustained injuries. The Magistrate has taken cognizance o f the o f fences pun ishab le under sec t ions 283,336,290,431 read with section 34 of the Indian Penal Code.
I have considered the submissions made by learned counsel for the petitioners and have perused the record.
From the perusal of the record it is evident that the road at the relevant time was under construction. Section 28 of the National Highways Authority of India Act, 1988 (hereinafter referred to as the Act) reads as under Section 28: Protection of action taken in good faith (1) no suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer or employee of the Authority for anything which is in good faith done or intended to to be done under this Act or the rules or regulations made thereunder.
(2) no suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer or employee of the Authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
Thus, the petitioner have protection under section 28 of the Act. From the material on record it is evident that heavy loaded vehicle were plying between Jabalpur to Nagpur as a result of which condition of the road was deteriorated and the same was under construction. Thus, from the material available on record including the statement under section 161 of the Code of Criminal Procedure as well as section 28 of the Act, no offences, as alleged, against the petitioners are made out. The continuance of the proceedings against the petitioners tantamounts to abuse of process of law.
For the aforementioned reasons, the proceeding initiated against the petitioners for offences under sections 283,336,290,431 read with section 34 of the Indian Penal Code pending in the Court of Judicial Magistrate First Class, Lakhnadon, District Seoni is quashed.
In the result, the petition is allowed.
(ALOK ARADHE) JUDGE
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