M C D Vs. STATE OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) The Municipal Corporation of Delhi, aggrieved against the judgment and final order dated 26/3/2004 passed by the High Court of Delhi in criminal Revision Petition No. 185 of 2004 by which order the High Court gave the benefit of probation under Section 4 of the Probation of Offenders act, 1958 to the second respondent Gurcharan Singh but maintained the conviction, preferred the above appeal.

(3.) The brief facts leading to the filing of the above appeal are as under: one Mr M. K. Verma (PW 4) , Junior Engineer, Civil Line Zone, visited 189, Prem Gali, Punja Sharif, Mori Gate where he found unauthorised construction going on at the first floor of the said plot. FIR was prepared on the report of Mr M. K. Verma who forwarded the FIR before the Zonal engineer, who ordered to issue notice under Sections 343/344 of the Delhi municipal Corporation Act, 1957. Subsequently, the second respondent along with Kuldeep Singh were prosecuted for commission of offences under Sections 332 and 461 of the DMC Act before the Designated Municipal Court.