CHHAYADEVI SURESH JAISWAL Vs. COMMISSINER OF POLICE

JUDGEMENT

(1.) Heard the learned Advocates on both sides.

(2.) The applicant wants that crime No. 3132/2005 registered against the applicant under Section 52 of the Maharashtra Regional Town Planning Act (hereinafter referred to as; "the said Act") be quashed and set aside. Few facts necessary for disposal of this application are as follows:

(3.) The applicant runs business of hotel, by name Golden Spoon Bar and Restaurant, situated at Abhyankar Road, Sitabuldi, Nagpur. On 15/10/2005 Police Sub Inspector Laxman Rai filed F.I.R. with Sitabuldi Police Station, Nagpur under Section 52 of the said Act. A copy of the F.I.R. in question was tendered by the learned Advocate for the applicant for perusal of the Court. A perusal of the F.I.R. goes to show that the police officer felt concerned about the traffic congestion near about the hotel premises and there is reference to the notice dated 06/6/2002 issued by the Nagpur Improvement Trust. According to P.S.I. Mr. Rai, the applicant has committed offence punishable under Section 52 of the said Act and other laws, and therefore, first information report came to be lodged. The applicant has challenged this F.I.R. by contending that the preconditions set out in Section 53 of the said Act have not been complied with and in any case the police sub inspector has no authority to lodge F.I.R. for the alleged violation of the provisions of the said Act.