Excelsior Correspondent
Srinagar, Aug 3: Observing that the registration of FIR against the contract company is sheer abuse of process of law, the High Court while exercising the powers quashed the FIR and consequential proceedings taken in the FIR.
Petitioner Company-IL and FS Transportation Networks Limited approached the court seeking quashing of FIR bearing No.64/2015 dated 25.07.2015 registered with the Police Station Kud for commission of offence under Section 188 RPC.
The petitioner company was awarded the contract of tunnel on National Highway which has its one opening on Nashri, Tehsil Batote, district Ramban and the other opening at village Madha, Tehsil Chenani district Udhampur and the petitioner company had engaged Leighton Contractors (India) Pvt. Ltd as sub-contractor for the execution of the work as the work in question had been entrusted by Government of India, to NHAI and the authority had allotted the work to the petitioner.
On the asking of the Deputy Commissioner, Udhampur, the muck was dumped at the land of K.V Chenani as the same was required for levelling of this land and Deputy Commissioner, Udhampur on the asking of the Executive Engineer, PWD (R&B) Division, Udhampur had proposed one more site for dumping of muck in order to level the same for the proposed building of Degree College Chenani and ITI building.
While the work was being executed by the Leighton, a temple was being constructed in village Dogra Tehsil Chenani and some time back the members of the temple committee requested the sub contractor of the petitioner for levelling the temple site which was being constructed in the private land.
The drivers of the dumpers while proceeding towards the temple site for dumping the muck as requested by the temple committee the trucks were seized by the police near the temple site and after the inquiries were conducted it was found that there was no violation of the communication No. 772/DMU/2014-15 dated 19.09.2014 issued by Deputy Commissioner, Udhampur to the Project Director Leighton Company and despite that, the police registered an FIR against the petitioner-Company.
Justice Rajnesh Oswal while quashing the FIR and the subsequent proceedings thereon said, there is no whisper that the muck was dumped at a place leading to the change in the course of local nallahs.
Court added that there is no order passed by the Deputy Commissioner, Udhampur that made it obligatory on the part of the petitioner company or either its sub contractor to unload the muck at a particular place only as such court said, there is no embargo on the part of the petitioner company not to unload the muck at any other place. The only obligation was that the course of the local nallahs should not be changed.
“The continuation of FIR shall be an abuse of process of law and as such, this is a fit case wherein the powers under Section 482 are required to be exercised by this Court. Resultantly, this petition is allowed and the impugned FIR and its consequential proceedings are quashed”, Justice Oswal concluded.
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