I.S. ISRANI, J.—This S.B. Leave Application under Section 378 Cr.P.C. of 1973 against the judgment and order of the learned Special Court Additional Chief Judicial Magistrate, J.D.A. Act cases, Jaipur, dated 29.8.85 in Cr. Case No. 323/84, whereby he acquitted the accused respondent from the charge for offence under Section 32(7) and section 33(2) of the Jaipur Development Authority Act (herein after called the Act). The accused respondent was charged for offence under Section 31(1), 32(7) and 33(2) of the Act for raising unauthorised construction/development and using the land otherwise than in conformity with the plan inspite of the notice given to him by the complainant J.D.A. and not stopping the unauthorised construction. The trial court found him guilty and convicted the accused respondent for offence under section 31(1) of the Act for raising/making illegal unauthorised construction and sentenced him to fine of Rs. 250/- and in default of payment, to undergo simple imprisonment for a period of one month, but acquitted him u/s 32 (7) and sec. 33(2) of the Act.

2. I have heard learned counsel for the applicant J.D.A. & learned counsel for the non-petitioner. The learned counsel

Click Here to Read the rest of this document