KAMLESH SHARMA Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) IN this writ petition, in public interest, filed by Shri Kamlesh Sharma, a complainant of the First Information Report dated 18.06.2014 lodged at Police Station, JDA, Jaipur, has prayed for to set aside the Notification dated 19.6.2014, by which, in exercise of powers conferred by clause (s) of Section 3 of the Code of Criminal Procedure, 1973, the State Government has rescinded its earlier notification dated 13.7.2010, issued in exercise of the same powers under clause (s) of Section 2 of the Code of Criminal Procedure, 1973, establishing the JDA Police Station in the office of the JDA, for investigation of land related cases, for offences under the Jaipur Development Authority Act, 1982, allegedly committed by private builders, private colonizers and private developers, cooperative housing societies, their associates and office bearers.

(2.) IT is stated that the JDA Police Station was working with efficiency. The staff headed by Deputy Superintendent of Police had registered 1027 cases in 2011, in which 198 charge -sheets were submitted and 139 persons were arrested; 1124 cases were registered in 2012, in which 140 charge -sheets were submitted and 243 persons were arrested; 1382 cases were registered in 2013, in which 57 charge -sheets were submitted and 134 persons were arrested; and in the year 2014 (upto April), out of 558 registered cases, in 01 case, charge -sheet was submitted and 44 persons were arrested. The establishment of the police station was a great relief to those persons, who were cheated and were victims of fraud and misrepresentation, and who were duped by the private builders and colonizers with false promises, for which they had filed complaints against them for breach of agreements of sale without giving possession of the plot, or of execution of one or more sale deeds in respect of the same land. The complaints against the employees and the officers of JDA were also lodged and investigated.

(3.) IT is submitted that there was no reason to have closed the police station, and to transfer the cases to the concerned police stations, in whose jurisdiction, the alleged crimes were committed. The citizens of Jaipur were satisfied with the officers of the police station, inasmuch as about 2000 complaints were settled in last four years.