PARGAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LEARNED counsel for the petitioners states that as per Annexure P3, the colony came into existence on 23.8.1994. Punjab Urban Development Authority Act was enacted and became enforceable on 15.10.1995. This Act cannot be applied retrospectively. Impugned complaint was filed in the year 2001. An application was filed for condonation of delay in filing the complaint. That application has not been decided. Petitioners executed the power of attorney in 1992/1993. CRIMINAL MISC.NO.22809-M OF 2005 -2- Subsequent sale deeds executed by the attorney are in the years 1996 and 1997. The Act of the power of attorney holder cannot bind the principal for criminal liability.

(2.) I have heard the learned counsel for the parties and perused the petition. Learned counsel for the petitioners has rightly argued that the act on the part of the holder of the power of attorney, cannot bind the principal for any criminal liability if done without his consent. Complaint dated 30.5.2001 (Annexure P1) and summoning order (Annexure P2) are quashed and all consequential proceedings are also set aside. With the above direction, petition is disposed of.