GANGADHAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY making this application under Section 482 Criminal Procedure Code read with Article 226 of the Constitution of India, the petitioner, who is accused in CR Case No. 7774c/2007, has sought for setting aside and quashing the complaint, which has been filed by the gauhati Municipal Corporation ('the GMC'), whereby the complainant has sought for prosecution of the present petitioner as accused, under Section 417a (ii) of the Gauhati municipal Corporation Act, 1971 ('the GMC act') and also directing issuance of process against the petitioner as accused.

(2.) THE ground of challenge to the sustainability of the complaint, in question, is that Section 417a (ii) of the GMC Act has come into force on 21. 8. 2006, which provides that if any builder or promoter or owner erects or constructs or occupies any building in contravention of the provisions of the gmc Act, the rules and bye-laws made thereunder, except the provisions of com-poundable limit as provided in the bye-laws, he shall be liable to be punished with imprisonment for a term of six months along with a fine of rupees ten thousand. According to the present petitioner, the construction of the building, in question was already over before Section 417a (ii) came into force. In other words, what the petitioner contends is that for the contravention, if any, of the provisions of the GMC Act, rules and bye-laws relevant to the construction of the said building, the petitioner cannot be prosecuted under Section 417a (ii) because the contravention, if any, had existed, according to the petitioner, prior to the coming into force of Section 417a (ii ).

(3.) I have heard Mr. S. Ali, learned counsel for the accused petitioner and Mr. B. S. Singh, learned Additional Public Prosecutor, Assam. I have also heard Mr. D. Saikia, learned Standing Counsel, GMC.