STATE Vs. HARISHANKAR GOYAL

JUDGEMENT

(1.) This revision by the State is directed against the Order D/-10-7-83, passed by Sessions Judge, Gwalior, discharging the respondents from the various offence alleged against them in a charge-sheet submitted by the Police.

(2.) The sum and substance. of the allegations made against the respondents is, that they were "Colonigers" and had established a Housing Colony, known as "Friends Colony, Harishankar Puram" at village Mahalgaon, in the vicinity of Gwalior city, by diverting agricultural land to residential purpose, without obtaining requisite legal sanction therefore and had divided this land into residential plots, which had been sold to the members of the Housing Society, which acts amounted to offences u/ss. 25, 26,27,28 and 29 of the M.P. Vinirdishta Bhrasta Acharan Nivaran madhyadesh (Ordinance XV of 1980 hereinafter described as the "Ordinance"), and u/s. 420 of the Penal Code.

(3.) The learned Sessions Judge, Gwalior, under the impugned order D/-20-7-83, has discharged the respondents on the grounds that (i) the prosecution was void ab initio, for want of requisite initiation by the prescribed authority u/s. 39 of the Ordinance, (ii) the record of the case and the documents filed therewith did not disclose, any case u/s. 420 I.P.C., so that there was no ground for proceeding in respect of this offence.