STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) The State of Punjab through Junior Engineer, Director and Urban Development Department, Punjab, Chandigarh has preferred this revision against the order dated 18.9.1989 passed by the learned Additional Sessions Judge, Ropar, vide which he set aside the order dated 5.9.1988 passed by Shri O.P. Goel, Additional Chief Judicial Magistrate vide which he had framed charges under Section 8 of the Punjab Regulation of Colonies Act, 1975 (briefly "the Act").

(2.) The facts are not disputed. The respondent, alongwith other co-sharers, sold 8 plots of land. These plots were sold during the period 1978 to 1986. The learned Assistant Advocate General states that 2 plots were sold in 1978, 2 plots in 1979, 2 plots in 1981 and last 2 plots in 1986. It is, thus, claimed by the State, revision petitioner, that the respondents had contravened the provision of the Act and created a colony. The learned Additional Sessions Judge has held that the prosecution was barred by the rule of limitation contained in Section 468, Criminal Procedure Code.

(3.) Admittedly, six plots had been sold in the year 1978 to 1981. It is the sale of 5 plots which amounts to creation of a colony under the Act. The offence under Section 8 of the Act was, thus, completed in 1981. No prosecution was launched against the respondents during the period of three years from the fifth sale made in 1981. In 1986 only two further plots have been sold and that will not create any colony under the provisions of the Act. The previous sales could not be tagged to the sale made in 1986 to haul up the respondents for an offence under Section 8 of the Act. I find no legal error in the judgment of the learned Additional Sessions Judge. The criminal revision is hereby dismissed.