Authority: High Court of Gujarat at Ahmedabad

Order Date: 17/06/2026

Case Overview

  • Parties: Applicants – Project Director, Project Implementation Unit, Palanpur, K.P.S. Chauhan & Anr.; Respondents – State of Gujarat & Anr., and the de‑facto complainant (Vivek V Bhamare) with his wife (deceased).
  • Nature of Proceeding: Two Criminal Miscellaneous Applications (Nos. 8514 of 2022 and 16095 of 2022) filed under Section 482 of the Criminal Procedure Code seeking quashal and setting aside of FIR C.R. No.11217036210888 (2021) registered at Varahi Police Station, District Patan.
  • Background: On 30‑12‑2021, the de‑facto complainant and his wife were travelling by motorcycle on the National Highway near Sadpura village. A large pothole caused the motorcycle to lose balance after a truck obstructed visibility; the wife sustained serious injuries and was declared dead at the hospital. The complainant filed the FIR alleging death due to the pothole and named officials of the National Highways Authority of India (NHAI) as responsible.
  • Allegations: Sections 304 and 304A IPC (culpable homicide not amounting to murder and causing death by negligence) were invoked against the NHAI officials and the Project Director.
  • Applicants’ Submissions:
  • Cited statutory immunity under Section 28 of the NHAI Act, arguing that actions taken in good faith while discharging official duties are protected.
  • Asserted that Section 197 of the CrPC bars prosecution of public servants without prior sanction from the competent authority.
  • For Applicant No. 16095, contended that no direct contract or work order existed for the road stretch where the accident occurred, and the guarantee period of the original contractor had expired.
  • Respondent’s Submissions:
  • Argued that the applications were not maintainable because they were filed in official capacity rather than personal.
  • Maintained that a prima facie case of negligence existed, as the road was not repaired and the accident resulted in death, warranting trial.
  • Legal Framework Referenced:
  • Section 482 CrPC – inherent power of High Courts to quash criminal proceedings.
  • Bhajan Lal (State of Haryana v. Bhajan Lal, AIR 1992 SC 604) – seven categories where Section 482 may be invoked.
  • Pradeep Kumar Kesarwani v. State of Uttar Pradesh (AIROnline 2025 SC 956) – four‑step test for quashing petitions.
  • Section 28, 27, 14 of the NHAI Act and Section 8A of the National Highways Act, 1956, establishing the statutory protection and contractual powers of NHAI officers.
  • Findings:

1. Applicants are public servants under Section 27 of the NHAI Act and enjoy immunity under Section 28 for actions done in good faith.

2. The applicants entered into a one‑year maintenance contract with Shiva Buildtech Pvt. Ltd. effective 13‑08‑2021; they acted within the scope of that contract.

3. No material demonstrates direct, gross, or reckless negligence attributable to the applicants.

4. For Applicant No. 16095, no direct contract or work order for the accident stretch was ever issued; the primary maintenance contract was with Shiva Buildtech Pvt. Ltd.

5. No evidence of mala fides or deviation from good‑faith performance was presented.

6. Applying the Bhajan Lal categories and the Kesarwani four‑step test, the court concluded that the FIR does not disclose a cognizable offence, nor is there a legal bar to quash the proceeding.

Final Outcome

  • The applications are allowed. FIR C.R. No.11217036210888 (2021) and all consequential criminal proceedings are quashed and set aside only with respect to the present applicants.
  • The order is absolute; direct service of the order is permitted.

Topics: Legal Immunity, Road Accident Liability