STATE OF KARNATAKA Vs. BALAKRISHNA

JUDGEMENT

(1.) Appeal by the State challenging the Judgment of acquittal recorded in Special Case No.43/2012 dtd. 31/7/2015 by the IV Addl. District and Sessions Judge and Special Judge (PCA), Belagavi.

(2.) Facts of the case in brief which are utmost necessary for disposal of the present appeal are as under: A complaint came to be lodged with Lokayuktha police contending that complainant is having a vegetable vending shop in Anantshayana Galli, Belagavi, for last 10 years. Father of the complainant is having a plot bearing No.18 in the APMC yard and complainant wanted to construct a shop in the said plot. In that regard, an application was filed on 24/12/2007 seeking permission for construction. However due to financial constraint complainant could not construct the shop immediately. As such, on 11/11/2010 he contacted the office of the APMC for obtaining necessary permission.

(3.) It is further contented that accused-respondent who was working as a First Division Assistant in the APMC Office, did not respond properly on and from 16/9/2011. Whenever the complainant contacted the accused, he used to reply that he would visit his shop and then decide about according permission.