M C D Vs. ASHOK KUMAR

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging the order dated 09. 5. 1996 passed by the learned Metropolitan Magistrate, Delhi in Complaint Case No. 111/92 whereby the respondent herein was acquitted of charge under Section 332 of the delhi Municipal Corporation Act, 1957 (hereinafter referred to as the "act" ).

(2.) FACTS relevant for disposal of this appeal are that the appellant m. C. D. filed a complaint under Section 332/461 of the Act against the respondent alleging that on 23. 6. 92 during inspection by PW-3 he was found carrying out unauthorised construction in premises No. 3790, Tel Mandi Pahar Ganj, Delhi. It was alleged in the complaint that the respondent being the owner and builder of the unauthorised construction was given a show cause notice dated 24. 06. 92 (Ex. PW-1/b) under Sections 344 (1) and 343 of the Act and the said notice was received by the respondent on 25. 06. 92. As per the case of the complainant the respondent gave a reply but it was not found to be satisfactory and so a complaint case was then filed in the trial Court. The trial Court gave a notice under Section 251 Cr. P. C. to the respondent-accused to which he pleaded not guilty and claimed trial.

(3.) PROSECUTION in order to prove its charges against the respondent examined four witnesses in all. The respondent in his statement under Section 313 Cr. P. C. stated that he had no concern with the property in dispute and that he had not raised any unauthorised construction.