MEERABAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner invokes jurisdiction of this Court under section 482 of Criminal Procedure Code for quashment of registration of Crime No. 172/93 by police station Dhar and the consequent investigation under sections 27 and 29 of M.P. Vinirdhishtha Bhrashta Aacharan Nivaran Adhiniyam, 1982 (for short 'the Adhiniyam').

(2.) IT is not disputed, in view of the notification under section 4 of the M.P. Municipal Committees Act issued on 19th March 1982 in gazette dated 14.5.1982 that the town of Dhar has a IInd Class municipality at Item No. 9. The offence will require that it is in respect of a local area within the meaning of section 24 (b) of the Adhiniyam. This definition of 'local area' includes an area only of a Class -I municipality apart from other agencies like corporation etc. with which we are not concerned. Learned counsel for the petitioner submits that in as much as Dhar is IInd Class municipality its municipal area shall not be included within the meaning of 'local area' as defined by section 24 (b) of the Adhiniyam and, therefore, the provisions of the Adhiniyam shall not be applicable to the area in question at all. This contention was accepted by this Court in the case of M/s. Barwani Agro Industrial Co. Pvt. Ltd. & others v. State of M.P. & others (Misc. Petition No. 427 of 1989: decided on 28.7.1989). It is, therefore, not necessary to travel beyond this point as it is decisive of the matter in hand.