Madhya Pradesh High Court
Rohit Kumar vs The State Of Madhya Pradesh on 11 July, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 11 th OF JULY, 2023
MISC. CRIMINAL CASE No. 9704 of 2013
BETWEEN:-
ROHIT KUMAR S/O SHRI GENDLAL DHAIKAR, AGED
ABOUT 20 YEARS, 1337/1, SETHI NAGAR JABALPUR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ABHISHEK ARJARIA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. P.S.
SIHORA DISTT. JABALPUR (MADHYA PRADESH)
2. CHIEF MUNICIPAL OFFICER SIHORA DISTT-
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI C.M.TIWARI - GOVT. ADVOCATE,
NONE FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the
following:
ORDER
Petitioner has filed this petition under Section 482 of Cr.P.C for quashing of proceedings in Criminal Case No.2390/2012 pending before Judicial Magistrate Sihora District-Jabalpur.
2. FIR at Crime No.653/2012 was registered at Police Station Sihora District-Jabalpur for having committed offence under Section 172 of M.P.Land Revenue Code and Section 339-C of MP Municipalities Act, 1961.
3. Counsel appearing for petitioner submitted that provisions of Section Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:33:20 2 339-C of MP Municipalities Act, 1961 was not complied with.
4. Allegation is made that without permission of development of colony from authorities, illegal plotting was done by petitioner and co-accused person- Karan Singh. Due to non-compliance of provisions under Section 172 of MP Land Revenue Code and Section 339-C of MP Municipalities Act, 1961, proceedings pending in Criminal case No.2390/2012 be quashed.
5. Govt. Advocate opposed the petition filed under Section 482 of Cr.P.C and submitted that compliance of Section 172 of MP Land Revenue Code and Section 339-C of MP Municipalities Act has been made. Cognizance has rightly been taken. It is submitted that main contesting party is Respondent No.2, who is not prosecuting the case.
6. None appears for respondent No.2 i.e. Chief Municipal Officer Sihora District Jabalpur though served, therefore, Respondent No.2 is proceeded ex- parte.
7. Heard learned counsel for parties.
8. FIR is registered against petitioner under Section 172 of M.P. Land Revenue Code read with Section 339-C of M.P. Municipalities Act, 1961. Section 339-C and 313 of M.P. Municipalities Act, 1961 is quoted as under:-
"339-C Punishment for illegal colonization.-
(1) A Colonizer who, in contravention of the provisions of Section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No.20 of 1959) and the rules made thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land.
(2) A colonizer who diverts his lands into plots or the land of any other person with the object of establishing a colony in branch of the requirements contemplated in this Act or the rules made in this behalf, commits an offence of illegal colonization.Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:33:20 3
(3) Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with imprisonment of not less than three years and not more than seven years or with minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence. (4) Whoever constructs a building in an area of illegal diversion or illegal colonization commits an offence of illegal construction.
(5) Whoever commits an offence of illegal construction shall be punished with imprisonment of not less than three years and not more than seven years or with minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence.
(6) It shall be incumbent upon every colonizer to display correct information about the area (including the carpet area) of the housing units proposed for construction and facilities to be provided in a colony in all its advertisements published in the form of pamphlets, brochures, hoardings and in all communications to customers and shall explicitly mention the number and date of his Registration Certificate over it, and any violation of these provisions shall take such colonizer liable for punishment under sub-section (3) and sub-section (5)".
313. Council may prosecute.-
(1) The Counci, the Chief Municipal Officer or any other officer authorized by the Council in this behalf in the case of Municipal Council and the Council or any other officer authorized by the Council in this behalf in the case of Nagar Panchayat may direct-
(i) any prosecution for any offence under this Act or under any rule or bye-law made thereunder;
(ii) Proceedings to be taken for the recovery of any penalties and for the punishment of any person offending against the provisions of this Act or of any rule or bye-law made thereunder;
(iii) that the expenses of such prosecutions or other proceedings be paid out of the Municipal fund:Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:33:20 4
Provided that no prosecution for an offence under this Act or under any rule or bye-law made thereunder shall be instituted except-
(i) within 12 months next after the date of the commission of such offence; or
(ii) if such date is not known or the offence is a continuing one, within twelve months next after the date of which the commission or existence of such offence was first brought to the notice of the Council or of any officer or servant whose duty it is to report such offence to the Council.
(2) Any prosecution under this Act or under any rule or bye-
law thereunder may, save as therein otherwise provided, be instituted before any Magistrate; and every fine or penalty imposed under or by virtue of this Act or any rule or bye-law thereunder, and any compensation expenses, charges or damages for the recovery of which no special provision is otherwise made in this Act may be recovered on application to any Magistrate by the distress or sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimed.
8. As per said provisions, Municipal Council, Chief Municipal Officer and any other Officer authorized by Council in this behalf may direct prosecution of an offence under this Act and for recovery of penalties and for punishment. In this case, FIR has been registered at instance of ASI and he has been authorized by letter of Chief Municipal Officer to prosecute petitioner. In view of same no violations of Section 339-C of M.P. Municipalities Act is found. Petitioner has not argued regarding non-compliance of any other mandatory provisions of law.
9. Considering aforesaid circumstances, petition is dismissed.
Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:33:20 5(VISHAL DHAGAT) JUDGE nd/sp/-
Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:33:20