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2012 DIGILAW 1368 (RAJ)

Rajveer Singh v. State of Rajasthan

2012-05-23

SANDEEP MEHTA

body2012
Hon'ble MEHTA, J.—The instant misc. petition has been filed on behalf of the petitioner seeking quashing of the FIR No. 87/2012, registered at Police Station, Lalgarh, District Sri Ganganagar. 2. Learned counsel submits that ex facie the offence under Section 8B of the National Highways Act, 1956 is not made out against the petitioner. 3. The allegation which have been made in the FIR is that the petitioner along with other villagers in order to make their protest about the murder of a girl formed an assembly and then blocked the National Highway No. 15 by putting bricks, stones, trolleys and large number of vehicles upon the road. It has been mentioned in the FIR that the road was obstructed by this act of the accused persons and the public was made impassable for the travelling. 4. Section 8B of the National Highways Act, 1956 reads as under : "8B. Punishment for mischief by injury to national highway.—Whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway referred to in sub-section (1) of Section 8A impassable or les safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both." 5. A bare reading of the said provision reveals that any act, by which, the National Highway is made impassable or less safe for travelling or conveying property is an offence punishable with imprisonment of either description for a term which may extend to five years, or with a fine or with both. 6. A bare reading of the FIR reveals that the petitioner and his companions blocked the National Highway by putting stones, bricks and vehicles etc. on the road. As a result of the conduct/act of the accused, the National Highway became impassable and less safe for the public for travelling and the property also could not be conveyed thereon properly. The act of the accused thus definitely is covered under the purview of the offence defined under Section 8B of the National Highways Act, 1956. 7. As a result of the aforesaid discussion, this Court has no hesitation in arriving at a conclusion that the accused petitioner as well as his companions are prima facie responsible for the offence under Section 8B of the National Highways Act, 1956. 7. As a result of the aforesaid discussion, this Court has no hesitation in arriving at a conclusion that the accused petitioner as well as his companions are prima facie responsible for the offence under Section 8B of the National Highways Act, 1956. 8. Resultantly, this misc. petition being bereft of any force is hereby dismissed. Stay petition is also dismissed accordingly.