Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 236

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Satyen Vaidya, J.
Rabinder Nath Sharma & Others - Petitioner
Vs.
State of H.P. & others - Respondents
Cr.MMO No. 167 of 2022
Decided On : 10-05-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Maan Singh, Advocate.
For the Respondents:Mr. H.S. Rawat, Additional Advocate General, Mr. Tara Singh Chauhan, Advocate.

Point of Law: Fair, just and reasonable procedure implicit in Article 21 of Constitution creates a right in accused to be tried speedily.

Headnote:
Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 - Sections 4, 5 – Criminal Procedure Code, 1973 - Section 173, (2), 482, 156(1), 155(2) - Constitution of India, 1950 - Article 21 - Quash FIR - Withdrawn complaint - Prayer has been made to quash FIR – Petitioners have already suffered mental torture, trauma besides having been physically and financially exhausted for such a long period - Para 20.
Finding of the Court:
There is no hesitation to hold that there is absolutely no explanation for such an inordinate delay in submission of report under Section 173 of Cr.P.C - Not even a single circumstance has been highlighted which may blame petitioners in causing delay in investigation - Petitioners have already suffered mental torture, trauma besides having been physically and financially exhausted for such a long period - Petitioner No.1 has even retired during intervening period - Delay caused in investigation in all probabilities is likely to prejudice defence of petitioners as material defence evidence may not available to them - Accordingly, FIR registered along with all consequential criminal proceedings arising therefrom qua petitioners are ordered to be quashed in interest of justice.
Result: Petition allowed.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, prayer has been made to quash FIR No. 8 of 2012, dated 18.07.2012, registered at Police Station SV & ACB Mandi under Sections 4, 5 of the Himachal Pradesh Prevention of Specific Corrupt Practices Act along with all consequential criminal proceedings arising therefrom.

2. Brief facts necessary for adjudication of the petition are that petitioner No.3 was awarded the work to provide cement concrete on existing road to Village Hattan R.D. 0.00 meters to 0.350 meters. Costs of work was Rs.2,33,550/-. Award letter was issued on 07.02.2009. Petitioner No.3 completed the work in the year 2010.

3. Villagers of Village Hattan filed compliant No. 6770/2009 against petitioner No.3 alleging inter alia that the work done by petitioner No.3 was sub-standard. An inquiry was conducted and nothing was found against petitioner No.3. The road had been repaired to the satisfaction of the villagers and they had withdrawn the complaint filed by them. Accordingly, the State Vigilance and Anti Corruption Bureau closed the case.

4. On 18.07.2012, yet another complaint came to be filed against petitioner No.3 by some of the villagers of Village Hattan with the allegations of sub-standard work done by petitioner No.3 in pursuance to award dated 07.02.2009. A preliminary inquiry was conducted. The samples of the concrete used on the road constructed by petitioner No.3 were sent for examination to RFSL Gutkar. The report from RFSL Gutkar confirmed the allegations and the samples were found sub-standard. SV & ACB Mandi registered FIR No.8 of 2012. The report under Section 173(2) of the Cr.P.C. has not yet been submitted.

5. Petitioners have placed reliance on the documents, according to which the experts, on consultation in relation with the investigation of the FIR No.8 of 2012, have clearly opined that the work executed by petitioner No.3 was not sub-standard and was as per the required specifications. Additional Superintendent of Police, SV & ACB Mandi vide communication dated 23.08.2012 had sought opinion from the Chief Engineer, Uhal Division-II, Beas Valley Power Corporation Limited as to the technical specifications used by petitioner No.3 while executing the work in pursuance to award letter dated 07.02.2009. The Beas Valley Power Corporation appointed an inquiry committee of three members. As per the report submitted by the Committee, it was found that the concrete topping of entire portion of the road was intact and the general condition was satisfactory. The vehicles were found to be plying on the road smoothly. Some cracks at 2-3 places were observed which were found to be the result of settlement of sub grade and not due to poor quality/specifications. Report was submitted on 29.12.2012.

6. The work in question was again re-assessed in the year 2017 and vide communication dated 05.09.2017, the Executive Director (Personal), H.P. State Electricity Board Ltd., Shimla informed the Managing Director, Beas Valley Power Corporation, Jogindernagar, that the work was found satisfactory and the vehicles had been plying on the road ever since the completion of work. However, it was desired that fresh tests be conducted for pavement concrete . The matter was referred to NIT Hamirpur which also reported that the work done by petitioner No.3 was as per specifications. The Managing Director, Beas Valley Power Corporation accordingly informed the Executive Director (Personal) HPSEBL vide communication dated 15.11.2017 which reads as under:-

“Kindly refer to your office letter vide which it was desired to get the fresh tests conducted for the pavement concrete of Hattan road and submit the detailed report as per the decision taken in the Whole Time Directors Meeting held on 23.06.2017. In this regard, it is informed that NIT Hamirpur was requested to conduct compressive strength test on samples of concrete from the concrete pavement of the Hattan road. They had taken samples from different locations of the roa