Madhya Pradesh High Court: In an application filed under Section 4821 of Criminal Procedure Code, 1973 (CrPC) seeking quashment of FIR on the grounds of ‘good faith’ as provided under Section 28 of the National Highways Authority of India Act, 1988 (NHAI Act), a single-judge bench of G.S. Ahluwalia, J., opined that “prima facie it cannot be said that applicants had acted in a good faith” as the applicants did not demonstrated “good faith” in their maintenance duties for NH-7 and denied to quash the FIR. The Court directed the applicants to appear before the trial court for the trial.
In the instant matter, the complainant had accident on 31-08-2013 where he sustained injuries, and his motorcycle was damaged after falling into a ditch on NH-7. The complainant alleged that the National Highway Authority of India (NHAI) and its officials, the applicants, failed to maintain the highway. The complainant claimed that due to negligence in maintaining NH-7, he suffered injuries, and his motorcycle was damaged.
The applicants filed the present application under Section 482 of CrPC seeking to quash the FIR lodged at Police Station Dhuma, District Seoni, for offenses under Sections 4312, 2833, 2904, 3365 and 4276 of IPC. An interim order dated 19-02-2014 had stayed the criminal proceedings. The core issue is whether the FIR against the applicants should be quashed under Section 482 of CrPC on the grounds of protection under Section 28 of the NHAI Act.
The applicants argued that they are protected from criminal prosecution under Section 28 of the NHAI Act as they acted in good faith. The applicants relied on a previous order from a Coordinate Bench in Iqbal Mohammed Siddhiqui v. State of M.P., M.Cr.C. No. 4197/2014, decided on 22-09-2015. However, the respondent contended that the applicants did not act in good faith, as they failed to maintain the highway, leading to the complainant’s accident and injuries.
“It is the duty of the National Highways Authority of India to develop, maintain and manage the National Highways and any other Highways vested in, or entrusted to, it by the Government … Maintaining the Highway would mean that the National Highways Authority of India must keep the Highway in a motorable condition.”
The Court opined that the National Highways Authority of India (NHAI) had the responsibility to maintain the highways and ensure they were safe for traffic. The Court noted that despite the ditches on NH-7, the applicants neither repaired the road nor took steps to regulate or close the highway.
The Court noted that “If the Highway was damaged and was not motorable and still if the applicants did not take any step to maintain the same or did not take any step to close the Highway or such part thereof or did not take any step to regulate the traffic by restricting the number and speed of vehicles, then this Court is of considered opinion that prima facie it cannot be said that applicants had acted in a good faith.” The Court found that the applicants failed to demonstrate that they acted in good faith as defined under Section 527 of the IPC, which requires due care and attention. The Court held that the applicants did not take necessary steps to maintain NH-7 or to regulate traffic on the damaged highway. The Court emphasised that whether the applicants acted in good faith is a question of fact that should be decided during the trial based on the evidence presented.
The Court dismissed the present application, directed the applicants to appear before the trial court and instructed the trial court to dispose of the trial by 31-07-2025. The Court stated that applicants’ failure to appear would result in the issuance of an arrest warrant.
[I.M. Siddiqui v. State of M.P., 2024 SCC OnLine MP 4733]
*Judgment by Justice G.S. Ahluwalia
Advocates who appeared in this case:
Shri K.N. Pethia, Counsel for the Applicants
Shri Gajendra Parashar, Panel Lawyer, Counsel for the Respondent No. 1-3/State
1. Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Section 326(b) of the Bharatiya Nyaya Sanhita, 2023.
3. Section 285 of the Bharatiya Nyaya Sanhita, 2023.
4. Section 292 of the Bharatiya Nyaya Sanhita, 2023.
5. Section 125 of the Bharatiya Nyaya Sanhita, 2023.
6. Section 324(4) and (5) of the Bharatiya Nyaya Sanhita, 2023.
7. Section 2(11) of the Bharatiya Nyaya Sanhita, 2023.
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