M.A.A. Khan, J. - (1.) -By means of this petition under section 482 of the Code of Criminal Procedure, 1973 (the "Cr.PC-.") the petitioners have not only challenged the validity and legality of the order dated 28.9.96 whereby the learned Addl. Chief Judicial Magistrate, Jaipur Development Authority (JDA) framed charge for offence under section 72 of the Jaipur Development Authority Act 1982 (the "Act") against the two petitioners but also the very competence of the learned Magistrate to have taken cognisance of the said offence upon a police report and summoned the petitioners as accused thereunder. The continuance of the proceedings initiated on the basis of a police report and not on the basis of a complaint by the JDA or a person authorised by it in that behalf, as mandated in Section 75 of the Act, is alleged to be amounting to abuse of the process of court and it is prayed that such proceedings be quashed and dropped not only in the interest of justice but also to curb usurpation of J D A's powers to launch prosecutions against the offenders under the Act by any other person or authority.
(2.) Briefly stated, the relevant facts are these-
(3.) With a view to enable the Rajasthan Housing Board to execute the Sanganer Housing Scheme by constructing residential and non-residential buildings the Govt, of Rajasthan had acquired the agricultural land of, besides others, Khasra Nos. 64, 78, 79, 70, 75 and 76 ad-measuring 19 Bighas and 1 Biswa situate at village Budh Singh Pura, Tehsil Sanganer, Distt. Jaipur vide Notification dated 7.3.1988 issued under Section 4(1)(2) of the Land Acquisition Act 1894. The acquired land was of the tenancy of one Sri. Bhola s/o Sri. Gopal R/o Village Budhsingh Pura, the late father and predecessor-in-title of the present petitioners. In an area of 2 Biswas of Khasra No. 64 certain dwelling huts were there and, therefore the concerned authorities took possession of the.acquired land on 19.8.89 leaving apart the said 'Abadi' portion of Khasra No. 64. On 30.5.1991 an Award was also passed by the Arbitrator in the matter. It was in this backdrop that on 25.2.1993 the Resident Engineer, Division III, Rajasthan Housing Board, Jaipur forwarded a written report to the Dy. Superintendent of Police, Special Police Station, Jaipur alleging therein that the said Bhola s/o Sri. Gopal had made authorised encroachment on the acquired land by raising boundary walls and constructing certain rooms as shown in the site map attached with the report. Prayer for prosecuting the said Bhola for offence under section 72 of the Act was made. The Station House Officer, Special Police Station, Jaipur received the report, registered Crime No. 7/93 under section 72 of the Act and entrusted the investigation of the case to Sri. Het Ram Dy.S.P During the course of the investigation of the case the Dy.S.P came to know that the said Bhola s/o Sri Gopal had already died on 3.6.91 and that the present petitioners were in unlawful and unauthorised possession of the acquired land. He accordingly completed the investigation. However, the Station House Officer, Police Station Sanganer submitted the report under section 170/173 (2) Cr.PC. in the court of the learned Magistrate on 20.7.95. The learned Magistrate took cognisance of the offence under section 72 of the Act on 20.7.95 and after hearing the parties framed charge for that offence against both the petitioner on 28.9.96. No further proceeding has been taken thereafter.;