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Judgment
Adarsh Kumar Goel, J.—This petition u/s 482 Cr.P.C. is for quashing complaint, Annexure P-1 and summoning order, Annexure P-2 and
further proceedings arising therefrom.
It is alleged that a complaint u/s 11 (i) read with Sections 3(1) and 8(i) of the Punjab Regulation of Colonies Act, 1975 was filed against the
petitioner and others alleging that the accused petitioner had converted his land into a colony without obtaining licence under the provisions of the
said Act.
The trial Magistrate issued summons vide order dated 10.5.1993 without even examining the complainant and inspite of the fact that previous
complaint dated 13.3.1989 on the same facts was dismissed for want of prosecution.
Counsel for the petitioner submitted that dismissal of a complaint for non-appearance of complaint amounts to acquittal in a summons case. It is
also submitted that the complaint was barred by limitation, as the offence was alleged to have been committed in the year 1986 and the present
complaint was filed in the year 1991 and bar u/s 468 Cr.P.C. was applicable.
No reply has been filed on behalf of the respondent, even though several opportunities were granted.
After hearing counsel for the parties, I am of the view that the proceedings in the trial Court are liable to be quashed on the short ground that the
previous complaint had been dismissed in default and no reasons are given for the second complaint being entertained.
For the above reasons, this petition is allowed and proceedings against the petitioner are quashed. I am unable to restrain myself from
expressing that launching of prosecution being a serious matter is not being taken with that seriousness frustrating the object of providing penal
provisions in such matters. I hope the concerned authority will take appropriate stops into the matter. A copy of this order be sent to the
Secretary, Urban Development, Punjab Government.