Court drops proceedings in FIR for unauthorised construction in view of charge sheet not filed within 6 months
Jun 16, 2022
New Delhi [India], June 16 : A Delhi Court recently directed to stop proceedings related to an FIR lodged by the civic agency noting that the charge sheet was not filed within the limitation period of six months from the date of commission of the offence.
The information regarding the alleged unauthorised construction was received by the West Zone of Municipal Corporation on March 8, 2019. The FIR was lodged on May 21, 2021, and the charge sheet was filed on October 4, 2019.
Metropolitan Magistrate Anshul Mehta of Tees Hazari Court said, "The charge sheet in the present matter was filed on October 4, 2019, after the expiry of the limitation period of six months."
The Court observed, "In view of the above, the court is of the opinion that since the charge sheet is filed beyond the prescribed period of limitation, the proceedings are directed to be stopped."
A perusal of the record shows that information was first received by the concerned West Zone on March 8, 2019, and the FIR was registered on May 21, 2019. The limitation period as per section 471 Delhi Municipal Corporation (DMC) Act is 6 months from the date of commission of the offence or from the date when such offence was brought to the notice of the complainant, the court order reads.
The Court passed this direction in the application filed by Amarjeet Kaur, a resident of Mansarover Garden in West Delhi. The applicant had sought a direction to stop proceeding in the said FIR.
The application filed through Advocate Gagan Gandhi stated that the applicant was served with a show-cause notice on March 8, 2019, under sections 343 and 344 of the DMC Act regarding unauthorised construction.
It was further stated that the applicant had obtained the approval on the sanction plan for construction on January 9, 2015. Despite this, an order for demolition was passed on April 16, 2019. An FIR was also registered on 21 May 2019 on the complaint of civic authorities of North Delhi Municipal Corporation. Thereafter, Delhi Police had filed a charge sheet.
The Counsel for the applicant argued that the court does not have jurisdiction to take cognizance of the offence mentioned in the FIR as per 470 of the DMC Act only the Municipal Magistrate has the power to take cognizance of any offence committed under this Act.
Secondly, the Prosecution has failed to follow the procedure for filing a complaint (charge sheet) before the Municipal Magistrate within six months from the commission of the existence of any offence. In the light of these facts and circumstances, the court may drop the proceedings against the applicant, the counsel argued.
