The Pioneer 10.11.2010
Court cancels 48 cases filed by MCDStaff Reporter | New Delhi
Giving a jolt to the Municipal Corporation of Delhi (MCD), a city court on Tuesday dismissed 48 cases filed by the civic body for alleged violation of civic laws, saying that even the identities of the accused persons have not verified. “These complaints reflect the sorry state-of-the-affairs in the largest civic body (MCD) in the Capital. I am constrained to opine that no fruitful purpose would be served while keeping these cases alive except to burden the over-burdened judiciary. Hence these complaints are dismissed for non-prosecution,” said Metropolitan Magistrate Ajay Garg while dismissing the cases filed by MCD.
The said cases were lodged nearly six years ago by MCD under Delhi Municipal Corporation Act. MM Garg, in a common order refused to hear the cases lodged against the persons for allegedly carrying out illegal construction in their respective premises in Karol Bagh area of Delhi. The court pulled up the civic body for filing cases in a “stereotype” manner after a Deputy Commissioner of MCD informed it that the fresh addresses and parentage of the accused were not available with it.
“The complaint is filed in a stereotype manner without bothering about the consequences of setting the criminal law into motion against a person whose identity cannot be established,” the court said. “As per the record, these cases are on board for many years just for furnishing the better particulars/correct addresses of the accused but the complainant (MCD) gave a deaf ear to the umpteen opportunities provided by this court,” the magistrate said.
The court said coercive process, such as issuing of summons, cannot be taken against the accused in the absence of their “established identities” because there may be thousands of persons by the same name.
