DEVENDER GUPTA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure,1973 ('Cr.P.C.'for short) for quashing of FIR No. 364 dated 13.10.2006 under Section 7-10 of Haryana Development and Regulation of Urban Areas Act,1975 ('the Act' for short) registered at Police Station Manesar, District Gurgaon and all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the FIR in question was registered on 13.10.2006 but till date, challan has not been presented in the Court. As per Section 12 of the Act, maximum punishment provided for commission of offence under the Act is three years. As per Section 468 Cr.P.C., the Court can not take cognizance of the matter after the expiry of period of three years. Learned counsel has placed reliance on Janak Raj vs. State of Haryana, 2002 4 RCR(Cri) 248 wherein it has been held as under:-

(3.) Learned State counsel, on the other hand, has opposed the petition.