1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER Hanuman Mal Dhaka & Ors. Vs. Rajasthan Jansatarkata Samiti & ors. SB CRIMINAL REVISION PETITION NO.747/2009. UNDER SECTION 397 READ WITH 401 CR.P.C. DATE OF ORDER: 28th May, 2009. HON'BLE MR. JUSTICE S.P. PATHAK Mr. A.K. Gupta for the petitioners. Mr. Bhavnish Kumawat PP for the State. Mr. Biri Singh ) Mr. Manu Bhargava) for the respondents. In this petition challenge has been made to the order passed by the learned Additional Chief Judicial Magistrate No.1, Jaipur Development Authority, Jaipur in Criminal Complaint No.02/2009 filed under section 451 Cr.P.C. and u/s 72 of the Jaipur Development Authority Act. It is not necessary to enter into the jugglery of the words, the pith and substance of the present matter is that respondent Rajasthan Jansatarkata Samiti is a society registered under the Societies Registration Act filed a complaint before the trial court. Many grounds were taken in the complaint. The grievance of the respondent was that encroachment on road was made by consolidating three plots at Ramnagar, Sodala. In the complaint it was prayed that the petitioners should be dealt with under the provisions of the Jaipur Development Authority Act and 2 be adequately punished. It appears that the trial court passed an order in relation to construction of road and also a direction was given for removal of obstruction on the road. The counsel for the respondent submits that now they have no grievance as the road is being constructed as the tenders have been invited, therefore, proper order be passed. The counsel for the Jaipur Development Authority has vehemently opposed the submission that a time bound programme of 7 days has been given for construction of road which shows an arbitrary manner that the trial court has proceeded in the matter. It is also contended that in fact zone5 is under the jurisdiction of Nagar Nigam and in that regard the authorities are being contacted and it is their work and they shall be completing it within reasonable time. It is submitted that appropriate order be passed in relation to direction given by the trial court regarding time bound programme. After having considered the submissions, I deem it proper to dispose of this petition at this stage with the following order: Since, the road is being constructed and tenders have been invited, therefore, a reasonable time is required for completion of road and for that matter initially, I deem it proper to allow two months time and in case within two months time construction of road is not completed, then an application may be moved by either of the parties in relation to extension of time 3 before the trial court. After completion of road, the complaint which is pending before Additional Chief Judicial Magistrate No.1, Jaipur Development Authority is liable to be dismissed and the complaint after construction of road shall stand dismissed. With the above observation, the revision petition stands disposed of. (S.P. PATHAK,J) BBLM