BHARAT PRAKASH Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This criminal Misc. Petition under Sec. 482 Crimial P.C. has been filed by the petitioner for quashing the proceedings pending against him under Sections 32 (1), 33 (2) and 33 (7) of the Jaipur Development Authority Act, 1982 (herein-after to be referred to as "the Act") in the Court of Additional Chief Judicial Magistrate (J.D.A.) No. 2, Jaipur.

(2.) The main contention of the learned counsel for the petitioner is that the complaint filed against the petitioner before the learned Additional Chief Judicial Magistrate (JDA) No. 2, Jaipur was not filed by the competent Authority and Sec. 75 of the Act bars cognizance on the complaint which has not been filed by the competent authority. Learned counsel has placed reliance on the decisions of the Apex Court in Zandu Pharmaceutical Works Ltd. Vs. Mohd. Sharaful Haque and another, reported in (2005) 1 SCC 122 and in A.K. Roy and another Vs. State of Punjab and others, reported in AIR 1986 SC 2160 .

(3.) On the other hand, learned counsel representing the Jaipur Development Authority has submitted that there is no infirmity in the complaint filed by the present petitioner.