(1.) The present appeal has been filed under Section 378(4) of the Code of Criminal Procedure for setting aside the judgment dated 17th September, 1993 passed by Shri. R.S. Arya, Metropolitan Magistrate, New Delhi.
(2.) Briefly stated, the material facts of this case are that a criminal complaint under Sections 313(5) and 461 of the Delhi Municipal Corporation Act, 1957 read with Sections 34/120B of IPC was filed against fifteen accused persons by MCD.
(3.) The allegations in the complaint were that on 22nd December, 1986 at about 9.00 a.m. Shri Milap Chand Garg, Naib Tahsildar, MCD along with Shri Tara Chand, Patwari and Shri R.K. Sharma, ZE carried out an inspection in agricultural village Zafarpur Kalan and found that the accused persons were carving out residential plots in their agricultural land for the purpose of selling it to individuals under the name and style of 'Dabur Enclave'. According to the appellant, the agricultural land was owned by the accused persons jointly, who entered into a conspiracy with the common intention of carving out plots, roads and streets for construction of residential building without seeking either any prior permission or sanction of plans from the MCD.