NAGEN CHANDRA BORO Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under S. 482 CrPC seeking quashing of FIR dtd. 21/7/2020 lodged by the respondent No. 7 before the Officer-in-Charge of New Tura Police Station registered as Tura PS case No. 99 (07) 2020 (G.R. No. 146 of 2020) under Sec. 290/206/427/432/406/34 IPC and the charge-sheet No. 43/2023 under Sec. 290/206/427/432/406 dt. 25/9/2023 which was submitted during the course of the pendency of this petition and brought into record by an additional affidavit dt. 29/4/2024.

(2.) The fact leading to the filing of the present case is that an FIR dtd. 21/7/2020 was lodged before the Officer-in-Charge of New Tura Police Station, Tura by the respondent No.7 alleging that a large-scale construction work was being carried out in the rear portion of the Food Corporation of India (FCI) Godown in Tura, involving mass mud filling along with inferior construction of RCC retaining boundary wall carried out by the Contractor, Engineer, Supervisor and the concerned Manager of FCI under the protection of the implementing agency just above the land of the respondent No.7 without any water outlet resulting in the direct flow of rain water along with mud, sludge and filth into her compound causing huge loss and damages to her property. On the basis of the said FIR, the Tura PS case No. 99 (07) 2020 (G.R. No. 146 of 2020) under Sec. 290/206/427/432/406/34 IPC was registered and the matter was investigated into. The petitioner filed this instant criminal petition before this Court on 21/9/2023 seeking quashing of the aforesaid FIR and the police case, however, a charge-sheet in the matter was submitted on 25/9/2023 by the investigating authority which was brought into record of this Court by the petitioner vide additional affidavit dtd. 29/4/2024.

(3.) Mr. M. Smith, learned Counsel for the petitioner submitted that the petitioner was neither the Engineer nor the Contractor appointed by the respondent No.2 to execute any work on behalf of the department.He submitted that the work for construction of storage Godown of 2500 MT capacity for FCI at Tura was allotted to one M/s. Shrolenson Marbaniang, a registered Class I contractor firm, by the respondent No.2. The said firm had authorised the petitioner, who was an employee of the firm, to represent the firm relating to any kind of correspondence with the department in executing the said work. The learned Counsel submitted that during the pendency of the said work, due to incessant rainfall in the region, the retaining wall of the FCI Godown complex was gradually sliding for which the respondent No.7 had raised an alarm and the issue was taken up by the FCI authorities. An emergent meeting was held on 13/7/2019 at the FCI Depot, Tura wherein several recommendations were made for taking preventive measures in order to avoid severe calamities. The learned Counsel further submitted that an independent Technical Committee, which was constituted to look after and assess the situation, vide its detailed report dtd. 20/4/2020 had clearly stated that the sliding of the wall was caused due to incessant rainfall and not because of fault or wrongdoing of any person. The learned Counsel submitted that inspite of several difficulties the allotted work was completed by taking into consideration the several rectifications and safety measures recommended by the concerned authorities from time to time. The learned Counsel submitted that the construction work was completed on 12/2/2022 to the satisfaction of the concerned authority and payment for all the bills for the work has been cleared by the department.