DELHI CANTONMENT BOARD Vs. SMT SHAMIM BANO

JUDGEMENT

(1.) These thirteen petitions presented under section 378(4) of the Code of Criminal Procedure, 1973 (Cr.P.C.) by Delhi Cantonment Board (the complainant), a statutory authority constituted under the Cantonments Act, 2006, seek leave to appeal against acquittal of the respective respondents by identical judgments rendered by the court of Metropolitan Magistrate-03, South West District on 26.09.2014 dismissing the criminal complaint cases instituted earlier on the basis of complaints of the petitioner against the respondents they having been registered as complaint case CC Nos.208/4, 64/4, 122/4, 126/4, 230/4, 141/4, 48/4, 148/4, 118/4, 137/4, 276/4, 11/4, and 206/4 respectively. The complaints had alleged offences under section 247 of the Cantonments Act, 2006 having been committed by the respective respondents by carrying out certain construction work at different plot of lands, such work statedly constituting breach of inhibition in section 235 of the Cantonments Act, 2006.

(2.) It may be mentioned here that the complaints were presented through the Chief Executive Officer of Delhi Cantonment Board, in terms of proper authorisation by the Cantonment Board, primarily on the basis of a report of unauthorised construction submitted by the junior engineer of the area, in the wake of which action is also shown to have been initiated under section 248 (1) of the Cantonments Act, 2006, calling upon the respective respondents to show cause as to why the work in the nature of erection/re-erection of the building be not stopped and the work carried out be not demolished.

(3.) The respondents have appeared through counsel on notice. Trial court records have been called for. Arguments have been heard and the record of each case has been perused.