RADHEY SHYAM AGRAWAL Vs. JAIPUR DEVELOPMENT AUTHORITY, JAIPUR

JUDGEMENT

(1.) Three petitioners have jointly filed the present criminal misc. petition under Sec. 482 Cr.PC, for quashing of criminal proceedings against them in Criminal Complaint No.289/2010; JDA Vs. Radhey Shyam Agrawal and Ors., pending before the Court of Additional Chief Judicial Magistrate No.1, Jaipur Development Authority, Jaipur, wherein after taking cognizance for offences under Ss. 31-32 of the Jaipur Development Authority Act, 1982 (hereinafter for short 'the JDA Act'), vide order dtd. 2/12/2010, process has been issued against petitioners. Petitioners, after service of summons, filed an application dtd. 22/9/2011, seeking to reject the criminal complaint on various grounds, but that application has been dismissed by the Court of Magistrate vide order dtd. 18/10/2012, hence the order dtd. 18/10/2012 has also been impugned by the petitioners in the present petition.

(2.) Briefly stated, it appears from record that on the basis of a Factual Inspection Report dtd. 12/11/2010, a criminal complaint against petitioners, has been filed on 2/12/2010, in respect of an illegal and unauthorized construction in rear setback portion of about 8' 3"X 75' area in Plot No.B-40, Ganesh Nagar, Jaipur and the allegation is that such construction was raised without permission of Jaipur Development Authority (hereinafter for short 'the JDA'), and in addition, has not been removed despite giving notice by the JDA, therefore, offences under Ss. 31(1) and 32 of the JDA Act has been made out against petitioners. The complaint has been filed by the JDA through Enforcement Officer, impleading all three petitioners as accused therein before the Court of Additional Chief Judicial Magistrate No.1, JDA, Jaipur, whereupon the Magistrate took note of the fact that since complaint has been filed by the Enforcement Officer, in the capacity of Public Servant, there is no requirement to record statements of complainant and witnesses under Sec. 200/202 Cr.PC, accordingly same is dispensed with and cognizance of alleged offences against all three petitioners, has been taken vide order dtd. 2/12/2010 and process against petitioners was issued to call them through summons.

(3.) Petitioners, after service of summons, by way of filing application dtd. 22/9/2011 before the Court of Magistrate, raised three objections/issues, which are: