BHANWAR LAL PARAKH Vs. STATE OF C.G.

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner has prayed for following substantial reliefs:--

(2.) Heard learned counsel for the parties and perused the records.

(3.) Learned counsel for the petitioner submits that the petitioner is neither a colonizer nor has constructed a colony. He was owner of the aforesaid building. He and other co-owners have sold the different parts of the building to different persons. Aforesaid flats have been constructed in the year 2003 after obtaining due permission from the respondent No. 6. The respondent No. 6 was having knowledge of the construction of flats in the year 2002 itself. FIR has been registered on the basis of written complaint dated 4.7.2008 made by five flat owners. On 30.7.2009, after more than one year of such complaint, in light of the embargo created under Section 398 of the Act of 1956, the police should not have registered the first information report relating to time barred offence. Alleged FIR is required to be quashed by issuance of appropriate writ.