SULTAN KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners approach this Court under Section 482 Cr. P. C. , for quashing the charge-sheet submitted against them in the Court of Additional Sessions Judge, Burhanpur for alleged offence punishable under Sections 24 and 27 of the M. P. Vinirdishta Bhrashta Acharan Niwaran Adhiniyam, 1982. Section 27 makes punishable act of illegal diversion of land or illegal colonization. Section 24 provides how colonization can be undertaken and if colonization is undertaken in violation of those provisions it becomes punishable under Section 27 of that Adhiniyam and punishable with imprisonment upto three years or with fine or both.

(2.) THESE offences have been made cognizable by the Statute.

(3.) COLLECTOR Khandwa on 9-2-1989 brought it to the notice of the Commissioner, Indore Division that these accused were indulging in illegal colonization punishable under this Adhiniyam, The Commissioner vide his order dated 24-7-1989, directed that investigation into offence be made. Thereupon the police of Police Station Lalbagh, Burhanpur recorded First Information Report of this case on 13-4-1990 and proceeded with investigation and filed the charge-sheet under Section 173 Cr. P. C. , before the Court of Judicial Magistrate First Class and the case was committed to the Court of Sessions and was made over to Additional Sessions Judge, Burhanpur.