SHASHI MATHUR Vs. CHIEF JUDICIAL MAGISTRATE BAREILLY

JUDGEMENT

(1.) SAROJ Bala, J. By means of this application under Section 482, Cr. P. C. the applicant prays for quashing the Criminal Complaint No. 4434 of 1987 instituted by Bareilly Development Authority, Bareilly and the proceedings initiated in consequence thereof, pending in the Court. of Chief Judicial Magistrate, Bareilly.

(2.) THE back up facts giving rise to these proceedings are : A Criminal complaint was instituted by the Bareilly Development Authority against the applicant with the allegations that on 2. 8. 1. 984 at about 11 A. M. Sri Y. P. i Singh, Junior Engineer visited her premises No. 35-11/b, Rampur Bagh, Police Station Kotwali Bareilly situated within development area. THE said area was meant for residential land use in the Master plan. On inspection the Junior Engineer found that the applicant, owner of the residential house had let out the first floor about six months before to Regional office of United India Insurance Company for commercial purpose. THE use of residential premises for commercial purpose contravened the land use mentioned in the Master plan and constituted an offence punishable under Section 26 (2) of Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as the 'act' ).

(3.) THE learned A. G. A. submitted that the provisions of Section 27 have come into force and an order passed under Section 27 of the Act is appealable.