JAIPUR DEVELOPMENT AUTHORITY, JAIPUR Vs. SMT. SAROJ DEVI

JUDGEMENT

(1.) In this case the learned trial Court has discharged the respondent of the offences Under sections 31, 32 and 33 of the Jaipur Development Authority Act, 1982. The complaint was filed in the year 1989 and the impugned order was passed on 27.9.91 after the pendency of the case, without commencement of any trial, for more than 2 years. Offences Under sections 31 and 32 are punishable with fine only. Offence Under section 33 is punishable with fine or imprisonment which may extent upto three months. The facts of the case squarely attract the application of the directions issued by the Supreme Court in the case of 'Common Cause' a Registered society through its Director Vs. Union of India & Ors., AIR 1996 SC 1619 in Clause 2(a) and 2(b) as under:

(2.) Undisputedly the offence Under sections 31, 32 and 33 are compoundable Under section 77 and are non-cognizable Under section 75 of the J.D.A. Act, 1982. In view of the specific directions of the Apex Court the impugned order cannot be termed as invalid or improper or unjustified in the facts and circumstances of the case. I may agree with the learned counsel for the petitioner that the case being triable as a summons case the provisions of Sec. 258 Code Criminal Procedure had no application to it but this legal position does not alter the result of this litigation.