JANAK RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C., filed by the accused-petitioner, seeking quashment of FIR No. 490 dated 9.11.1983, registered in PS Ambala City, for the violation of the provisions of Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred to as the Act).

(2.) ANNEXURE P1 is the copy of the aforesaid FIR, which was registered in the Police Station, on the basis of letter dated 8.7.1983 received from District Town Planner, Ambala. It was alleged that M/s. Upper India Glass Works c/o Seth Janak Raj, was the owner of the land measuring 30250 square meters (60 kanals) and that he had sub-divided the land into plots for residential, industrial and commercial purposes, without obtaining a licence from the Director, Town and Counter Planning, Haryana, as required under the Act. It was alleged that he had sold the plots to Smt. Kamlesh Kumari, Sohan Lal Sharma and Smt. Sushma and in this manner he had contravened the provisions of Clause (i) of Section 3 of the said Act. Details of the sale transactions of the said three persons were given in the document attached with the said letter.

(3.) INSPECTOR Udai Singh, SHO PS Ambala City in the written statement admitted that FIR dated 8.11.1983 was registered on the basis of letter dated 8.7.1983, received from the office of Town and Country Planning Department and that after investigation, challan was submitted in the court on 11.11.1986. It was alleged that the proceedings could not be quashed on the ground of limitation or on any other ground.