01Facts
The petitioner, a Junior Engineer, sought quashing under Section 482 of the Code of Criminal Procedure of Barkagaon P.S. Case No. 191 of 2017 and the ensuing proceedings for offences under Sections 420, 406 and 409 of the Indian Penal Code. The FIR followed an inspection of a bridge over the Haharo river, which had collapsed; the petitioner was alleged to have failed to supervise its construction properly.
p. 2 · ¶ 2 · pp. 2–3 · ¶ 3He argued that the bridge’s design had been changed, that he was not responsible for structural design or later maintenance, and that sand removal and heavy rain caused the damage. The State and the informant opposed quashing, relying on statements and case-diary materials alleging that the petitioner was responsible for supervising construction.
pp. 3–5 · ¶ 5–6The investigation was ongoing when the petition was decided. The informant, Opposite Party No. 2, had died, and the Court allowed her name to be deleted from the cause title.
p. 3 · ¶ 4 · pp. 1–2, I.A. No. 11623 of 202602Issues
i.Whether the allegations, taken at face value, disclosed offences under Sections 420, 406 and 409 IPC against the petitioner.
p. 5 · ¶ 7ii.Whether the FIR and criminal proceedings should be quashed under Section 482 CrPC while the investigation was ongoing, in light of the petitioner’s asserted defences.
pp. 5–6 · ¶ 7–803Law Applied
The petitioner invoked the High Court’s inherent jurisdiction under Section 482 CrPC to seek quashing of the FIR and criminal proceedings. The alleged offences were under Sections 420, 406 and 409 IPC.
p. 2 · ¶ 2The Court applied the principle that quashing was not warranted at this stage where the allegations, if accepted as true, made out the offences alleged; matters advanced as the accused’s defence could be placed before the investigating officer and, if necessary, raised before the trial court. No precedent was cited.
p. 5 · ¶ 7Provisions in the judgment · 4 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 482
Indian Penal Code, 1860 Section 420Section 406Section 409
04Reasoning
The Court found direct and specific allegations that the petitioner, while responsible for supervising the bridge’s construction, had enabled payment for substandard work, causing loss to the State.
p. 5 · ¶ 7It also noted that the case diary contained material and witness statements supporting the allegation of his supervisory responsibility. The petitioner’s explanations concerning design, sand removal, rainfall and maintenance were treated as defences for consideration during investigation or at the appropriate stage before the trial court, rather than grounds to terminate the proceedings at that point. Given the seriousness of the allegations and the ongoing investigation, the Court declined to quash the case.
pp. 4–6 · ¶ 6–805Holding
The Court held that this was not a fit case for quashing the FIR or the ensuing criminal proceedings and dismissed the criminal miscellaneous petition as without merit.
p. 6 · ¶ 8–9Any interim relief was vacated.
p. 6 · ¶ 10Original Court PDF
SHIV SHANKAR PRASADvsTHE STATE OF JHARKHAND
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