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1998 Supreme(Raj) 867

M.A.A.KHAN
Badri Narayan – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

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





































































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