Point of Law: It is settled that for trying a person for an offence, mere existence of prima facie material is sufficient.

ORDER :

By way of this petition, petitioner has prayed for following substantive relief:-

“It is, therefore, respectfully prayed that the present petition may kindly be allowed and the FIR bearing number 11/2019, lodged at Police Station Bhawanagar/Nichar, District Kinnaur, dated 18.02.2019 against the present petitioner and the subsequent proceedings pending before Ld. Chief Judicial Magistrate, Kinnaur bearing No. 44/2019 may kindly be quashed and set aside in the interest of justice and fair play.”

2. Brief facts necessary for adjudication of the petition are that the Executive Engineer, National Highway Division, HPPWD, Rampur Bushahr, vide award letter dated 09.02.2018, had awarded the work of widening to two lanes with/without Geometrical Improvement in Km. 322/0 to 329/0 of NH-22 (New NH-05) in the State of Himachal Pradesh. Petitioner is Contractor by profession. The work awarded to petitioner was in District Kinnaur, Himachal Pradesh.

3. An FIR bearing No. 11, dated 18.02.2019, was registered at Police Station Bhawanagar, District Kinnaur, H.P., on the complaint of some of the residents of Village and Post Office Nichar, District Kinnaur, H.P. It was alleged in the complaint that the complainants were owners of orchards and agricultural lands near Nathpa. On 10.02.2019 and 11.02.2019, their orchards and fields were extensively damaged due to the blasting work carried out by respondent on the aforesaid dates. There were huge landslides and the complainants had been divested of their valuable orchards and lands. The reason for such damage was alleged to be negligence of Singla Company engaged in widening of National Highway. As per complainants, they had been requesting the contractor to carry out work carefully, but ignoring their requests, excessive and extensive blasting was carried out, resulting in loss to the complainants.

4. Investigation was carried out. Statements of the complainants and other persons, who had suffered losses on account of landslides were recorded under Section 161 of the Code of Criminal Procedure (for short “Cr.P.C.). In addition, evidence with respect to quantum of damages caused to the residents of the area was also collected and in that regard statement of Shri Roshan Lal, Tehsildar Bhawanagar, was also recorded under Section 161 of the Cr.P.C. Additionally, statement under Section 161 of the Cr.P.C., of Gian Chand, Assistant Engineer, National Highway was also recorded to the effect that the widening work of NH-5 was being carried out by Amit Singla (petitioner), in pursuance to the work awarded to him by the department. Blasting was being done. He also handed over to the investigating officer the records with respect to the issuance of explosive material to the contractor w.e.f. 01.02.2019 to 28.02.2019. It was also recorded in the statement of Gian Chand that had the blasting not been done neither the road would have been blocked nor the land belonging to people had suffered damage. He further opined that the cause of damage appeared to be excessive blasting by the contractor.

5. Investigating agency also took into possession following documents:

(i) Report of Committee constituted to assess losses suffered by the residents of the area;

(ii) The valuation of fruit plants damaged due to landslides;

(iii) Proceedings of the meeting held on 07.12.2018 under the Chairmanship of SDO (Civil), Nichar at Bhawanagar, in respect to the damages suffered by the residents;

(iv) Extract of the register showing issuance of blasting material to the contractor;

(v) Report submitted by the Assistant Engineer, National Highway, Sub Division, HPPWD Nigulsari (at Solding) and;

(vi) Permission granted by District Magistrate, Kinnaur on 11.09.2018, authorising use of explosive for the execution of road widening work.

6. On completion of investigation, the investigating agency presented report under Section 173 of the Code of Criminal Procedure (for short “Cr.P.C.”), recommending prosecution against petitioner under Secti