LAWS(P&H)-2001-11-66

OM PARKASH BHATIA Vs. STATE OF PUNJAB

Decided On November 29, 2001
Om Parkash Bhatia Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. is for quashing complaint, Annexure P-1 and summoning order, Annexure P-2 and further proceedings arising therefrom.

(2.) IT is alleged that a complaint under Section 11(i) read with Sections 3(1) and 8(i) of the Punjab Regulation of Colonies Act, 1975 was filed against the petitioner and others alleging that the accused petitioner had converted his land into a colony without obtaining licence under the provisions of the said Act.

(3.) COUNSEL for the petitioner submitted that dismissal of a complaint for non-appearance of complaint amounts to acquittal in a summons case. It is also submitted that the complaint was barred by limitation, as the offence was alleged to have been committed in the year 1986 and the present complaint was filed in the year 1991 and bar under Section 468 Cr.P.C. was applicable.