PWD roads: HC dismisses petitions seeking quashing of FIR

Lucknow, Nov 3 (UNI) Lucknow Bench of Allahabad High Court today dismissed all the 47 petitions filed by the contractors, executive engineers, assistant engineers and junior engineers seeking quashing of the FIR filed against them with regard to the offence committed by them in the construction of PWD roads in Rae Bareli and Lakhimpur Kheri districts.

The judgment was reserved on October 18, 2006 after lengthy arguments heard by the court.

It was argued on behalf of the petitioner by a battery of advocates that the offence was not disclosed against the petitioners and therefore, the FIR was fit to be quashed and they deserve the benefit of stay of arrest in pursuance to the impugned FIR.

However, it was argued on behalf of UP advocate general S M A Kazmi that the FIR undisputedly disclose the factum of transaction of the allotment of job to contractors and engineers from the level of junior engineer to executive engineer for carrying out the work according to prescribed norms and prescribed standards against the payment, which were made to them.

According to the advocate general, this practice was rampant in the last several decades, but the present government had taken stern view and has not even spared the engineers of the PWD department in exposing them to criminal prosecution for the alleged acts of cheating by providing the roads, which never met the prescribed standard.

Upholding the argument of the advocate general, the court in its longish judgement after considering all the aspects held that prima facie the case of commission of offence is made out and hence, there is no occasion for interference in the criminal proceedings against the petitioners.

UNI XC-VS PDM HS2046