VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) -

(2.) THE point involved in this revision petition is very short and therefore, I dispose of this revision petition at the admission stage. THE allegation against the petitioner is that on 28.1.1987 he was found carrying on unauthorised construction of two shops on the ground floor of E-11, Lajpat Nagar, New Delhi without the sanction of Municipal Corporation of Delhi, which is an offence punishable under Section 461 of Municipal Corporation of Delhi Act. THE complaint was filed by M.C.D. against the petitioner. THE petitioner has challenged the notice issued to him under Section 251 Cr.P.C. on various grounds. THE first contention is that the Magistrate has not applied her mind while entertaining the complaint and issuing notice to him. It was ordered that the petitioner be charged with an offence under Section 461 and the case was adjourned to 30.11.90 for framing charge. On 30.11.90 instead of framing charge, notice under Section 251 Cr.P.C. was issued to him in which wrong Section i.e. 461 Cr.P.C. has been mentioned instead of Section 461 of M.C.D. Act. That shows non application of mind by the Magistrate. Counsel argued that no case is made out against the petitioner. THE construction is old one and no material has been placed on record showing that the petitioner was constructing the shops illegally. THE registration of the case against the peti- tioner is mechanical and without application of mind. He has, therefore, prayed that the order dated 13.II.1990 issuing notice to the petitioner be quashed and proceedings before the lower court be also quashed.