ARVIND YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.425 dated 25.9.2016 registered at Police Station, Model Town, Rewari under Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975.

(2.) Counsel for the petitioners submits that as per the allegations in the FIR, the petitioners vide sale deed dated 14.5.2008 sold 40/1783 share in the total land measuring 89 Kanals 03 Marlas, i.e. total 02 Kanals in favour of one Smt. Kamla, wife of Narinder Singh. The petitioners also got registered another sale deed dated 10.2.2010 in respect of land measuring 05 Kanals 19 Marlas out of the joint khewat. Later on, the District Town Planner, Rewari informed the Superintendent of Police, Rewari on 26.7.2010 regarding violation of the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (for short 'the Act'). It was stated that the petitioners have sub divided the same into plots and have sold the land without obtaining a proper licence. Counsel for the petitioners has argued that the FIR was registered on 25.9.2016, after a long lapse of 6 years and, therefore, as per the bar under Section 468 Cr.P.C. the cognizance of offence punishable under Section 3 of the Act, which provides a maximum punishment of 3 years along with fine, is barred by limitation. Counsel for the petitioner has further argued that as per the own case of the petitioners, the District Town Planner, Rewari had sent a communication on 26.7.2010 giving the detail of the sale transaction with a request to the police for registration of the FIR for violation of the provisions of the Act, therefore, it cannot be presumed that the petitioners have committed the violation in the year 2016, when the FIR was registered.

(3.) Counsel for the petitioner has further argued that even till date the report under Section 173 Cr.P.C. has not been submitted before the Illaqua Magistrate.