OM PARKASH BHATIA Vs. STATE OF PUNJAB
LAWS(P&H)-2001-11-66
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 29,2001

Om Parkash Bhatia Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

ADARSH KUMAR GOEL, J. - (1.) THIS petition under Section 482 Cr.P.C. is for quashing complaint, Annexure P-1 and summoning order, Annexure P-2 and further proceedings arising therefrom.
(2.) IT is alleged that a complaint under Section 11(i) read with Sections 3(1) and 8(i) of the Punjab Regulation of Colonies Act, 1975 was filed against the petitioner and others alleging that the accused petitioner had converted his land into a colony without obtaining licence under the provisions of the said Act. The trial Magistrate issued summons vide order dated 10.5.1993 without even examining the complainant and inspite of the fact that previous complaint dated 13.3.1989 on the same facts was dismissed for want of prosecution.
(3.) COUNSEL for the petitioner submitted that dismissal of a complaint for non-appearance of complaint amounts to acquittal in a summons case. It is also submitted that the complaint was barred by limitation, as the offence was alleged to have been committed in the year 1986 and the present complaint was filed in the year 1991 and bar under Section 468 Cr.P.C. was applicable.;


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