( 1 ) THIS revision by the State is directed against the Order D/-10-7-83, passed by Sessions Judge, Gwalior, discharging the respondents from the various offence alleged against them in a charge-sheet submitted by the Police.

( 2 ) THE sum and substance. of the allegations made against the respondents is, that they were "colonigers" and had established a Housing Colony, known as "friends Colony, Harishankar Puram" at village Mahalgaon, in the vicinity of Gwalior city, by diverting agricultural land to residential purpose, without obtaining requisite legal sanction therefore and had divided this land into residential plots, which had been sold to the members of the Housing Society, which acts amounted to offences u/ss. 25, 26,27,28 and 29 of the M. P. Vinirdishta Bhrasta Acharan Nivaran madhyadesh (Ordinance XV of 1980 hereinafter described as the "ordinance"), and u/s. 420 of the Penal Code.

( 3 ) THE learned Sessions Judge, Gwalior, under the impugned order D/-20-7-83, has discharged the respondents on the grounds that (i) the prosecution was void ab initio, for want of requisite initiation by the prescribed authority u/s. 39 of the Ordinance, (ii) the record of the case and the documents filed therewith did not disclose, any case u/s. 420 I. P. C. , so that there was no ground for proceeding in respect of this offence.

( 4 ) THERE is no substance in this revision petition. The Ordinance came into force on 8- 9-82. S. 39 of the Ordinance provided that: "no Court shall take cognizance of and no police officer shall register a case, inquire into or investigate an offence under this Ordinance against any person unless a report in writing is made by such officer of the State Government as it may, by notification specify " in the table provided under the aforesaid provision, as it stood originally, while authorities were prescribed for launching prosecutions of various categories of government servants, there was no authority prescribed for initiating prosecution of private parties. This omission was rectified by a notification D/-21-9-82 of the State. Government by naming "commissioner of the Division" as the prescribed authority for launching prosecution against persons not in government employment. However, in the instant case, the FIR D/-6-10-82 was registered at Jhansi Road Police Station against the respondents on the basis of the report of the then Collector, Gwalior, which was obviously incompetent, since the respondents are not government servants and were not covered by table prescribed u/s. 39 of the Ordinance.

( 5 ) THE charge-sheet against the respondents was put up before the Chief Judicial Magistrate, Gwalior on 21-1-1983. Before commitment of the case to the Court of Session u/s. 209 Cr. P. C. , an objection appears to have been taken in this behalf before the Chief Judicial Magistrate, Gwalior. However, it was after the case was committed to the Court of Session, that the prosecution, by an application D/-4-4-83, sought to file the endorsement D/-6-10-82 of the Commissioner, Gwalior meant for the Collector, in connection with the prosecution of the respondents. This is rather suspicious, since no such correspondence was filed earlier before the committing court. Assuming the bona fide existence of such correspondence, even that would be ineffective in validating the prosecution of the respondents under the Ordinance, since the notification D/-24-9-82 would still require a report in writing of the Commissioner to the Police for the purpose of prosecution, and there was no such report in writing of the Commissioner addressed to the Police. The Ordinance was repealed and substituted by M. P. Vinirdishta Bhrasta Acharan Nivaran Adhyadesh, 1982 (hereinafter described as the' Act') which came into force w. e. f. 30-10-82. No doubt, under S. 39 of this Act, the words "a report in writing" were substituted by "directed by" the State government or such officer or authority as it may by notification specify.