- (1.) Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Manish Goyal for the respondents. This matter had been adjourned to enable the learned counsel for the petitioner to point out the provisions under which the Zila Panchayat is claiming its rights and powers to receive the amount of fine that is realised as penalty in criminal prosecutions by a court of competent jurisdiction.
(2.) The petitioner had earlier filed Writ Petition No. 24330 of 2014 and the same was permitted to be withdrawn to enable the learned counsel to file a better writ petition after explaining the powers and rights under which such payment is sought to be invoked by the petitioner to realise fine and seek deposit thereof with the Zila Panchayat. The judgment is quoted herein under:- "Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Vivek Kumar Birla,J. After the matter was heard and having perused Rules 72 and 85 of the General Rules (Criminal), we find that the writ petition appears to be for the purpose of claiming a substantive right to receive the amount of fine which is realized for violation of the bye-laws of the Zila Panchayat. The writ as framed, in our opinion, does not take the point home and, therefore, learned counsel for the petitioner prays that he may be permitted to withdraw the writ petition and file a better writ petition founded on such rights that may flow in favour of the Zila Panchayat as a local body as protected under Chapter IX-A of the Constitution of India. Dimissed as withdrawn with the aforesaid liberty. Order Date :- 15.7.2014"
(3.) This writ petition has therefore again been filed contending that on a perusal of Rule 85 readwith Rule 72 of the General Rules Criminal 1977, the fine which is deposited in courts in such proceedings has to be sent to the municipality concerned. Rule 72 and Rule 85 of the General Rules Criminal are extracted herein under:- "72. Deposit of fine etc. paid into Court - when the amount of any fine, compensation or other sum, deposit, penalty or fee is paid into Court, the Presiding Officer shall, as soon as may be, send the money to the Nazir through the Criminal Ahalmad, for onward transmission to the nearest treasury or sub-treasury. The money so sent shall be accompanied by an invoice in duplicate in Form (Part IX, No. 74) signed by the Presiding Officer himself. In the case of any sum which is to be credited as a deposit the invoice shall be made out in triplicate. One copy of the invoice shall be returned by the officer-in-charge of the treasury or sub-treasury concerned with an endorsement showing receipt of the amount. 85. Statement of fine etc.- A monthly return of all amounts realised by criminal courts as fines and credited as required by law to a Municipal or Corporation fund, shall be transmitted to the Municipal Board for Corporation concerned. The return shall be made in from (Part IX, No. 77).";