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Madhya Pradesh High Court · body

1992 DIGILAW 588 (MP)

Chief Municipal Officer, Morena v. Lotaram

1992-09-22

K.K.VERMA

body1992
JUDGMENT This is a petition under section 482 Cr.P.C. and the same is being disposed of finally. The applicant-complainant, Chief Municipal Officer, Municipal Council, Morena, filed a criminal complaint in the Court of the Judicial Magistrate First Class, Morena against non-applicant Lotaram on 14.9.1987, alleging the commission of offences punishable under sections 187 (8),194 and 223 of the M.P. Municipalities Act. After he was being served with the summons of the complaint, accused Lota Ram made an application saying that composition of the offences had already taken place and the requisite amount of Rs. 250/- has been paid to the Municipal Council. The complainant admitted the deposit of Rs. 250/- but denied that the Municipal Officer had passed any order of composition. By another written submission, the complainant has specified that the present C.M.O. had passed the following order on 2.4.90: ^^jkthukek dk vkns"k tks iwoZ iz"kkld us fnukad 18-9-89 dks fn;k Fkk mls vHkh ekU; u fd;k tkosA iwjh tkap gksus ds ckn fu.kZ; fd;k tkosxkA rc rd izdj.k dksVZ ls okfil u fd;k tkosA** Neither party filed a copy of the order dated 18.9.89. The learned Magistrate did not call upon the parties to file a copy of that order. He, however, held that the payment of Rs. 250/- amounted to a composition in respect of the offences and dismissed the complaint. That order was affirmed by the First Additional Sessions Judge, Morena, in Criminal Revision No. 79/90 decided on 31.5.91. I have heard the learned counsel for the parties. They do not have the copy of the order dated 18.9.89. It is, therefore, clear that without perusing that order, the nature, extent and effect of that order in law cannot be ascertained. Since this aspect of the case was not kept in mind by the lower Courts, the orders passed by them are hereby quashed and the case is remanded to the Judicial Magistrate First Class, Morena with the following directions: The complaint be registered under the old number. The parties shall appear before the learned Magistrate on 21.10.92. The learned Magistrate shall fix a date for the production of a copy of the order dated 18.9.89 and the papers connected therewith. The opposite side shall have a right to inspect and apply for copies of the relevant papers. The copies shall be furnished by the Municipal Council, Morena on payment of usual fee. The learned Magistrate shall fix a date for the production of a copy of the order dated 18.9.89 and the papers connected therewith. The opposite side shall have a right to inspect and apply for copies of the relevant papers. The copies shall be furnished by the Municipal Council, Morena on payment of usual fee. Then on the filing of their relevant papers, the application dated 11.12.89 be decided in accordance with law. However, it is made clear that the complainant will have the right to rebut the documents filed by the non-applicant before the aforementioned application is heard and disposed of.