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2006 Supreme(P&H) 2306

SATISH KUMAR MITTAL
Nagar Panchayat – Appellant
Versus
Gallu Singh – Respondent


Judgment

Satish Kumar Mittal, J.

1. This order shall dispose of the aforesaid 41 petitions, which have been filed by Nagar Panchayat, Handiaya, Tehsil Barnala, District Sangrur, Under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for setting aside the orders, passed by Judicial Magistrate, 1st Class, Barnala, whereby the complaints filed by the petitioner Under Section 195-A(2) of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act) were dismissed being barred by time in view of Section 468 of the Code, and taking of cognizance of the offence after the expiry of limitation was refused and consequently, the respondents were discharged. The petitioner has also challenged the orders passed by Additional Sessions Judge, Barnala, whereby the revisions filed by it against the aforesaid orders have been dismissed.

2. Admittedly, the respondents, the alleged accused, are owners of the properties, which are situated within the limits of Nagar Panchayat, Handiaya. Allegation against the respondents is that they had raised the construction on their properties without ob taining sanction from the petitioner, as required Under Section 189(1) o










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