M C D Vs. KAMLESH

JUDGEMENT

(1.) The Appellant/Complainant has filed the present appeal under Section 378 (4) of the Code of Criminal Procedure against the acquittal order dated 10th August, 1993 passed by Shri R.S. Arya, Metropolitan Magistrate, Delhi.

(2.) According to the Appellant/Complainant, the accused was found raising unauthorized construction of two shops, four rooms, stair case and passage at the ground floor in premises No.313, Thana Road, Village Shalimar, Delhi without the prior permission of the MCD Commissioner. Consequently, according to the Appellant/Complainant, the accused has committed an offence punishable under Section 332 of the Delhi Municipal Corporation Act in her capacity as owner/builder of the said property.

(3.) The learned MM in his impugned acquittal order has given as many seven reasons to reach the conclusion that the prosecution's case is not free from shadow of reasonable doubt. The learned MM has not only pointed out to discrepancy in the evidence of the MCD officers but also the fact that the recommendatory note for prosecution as well as the order sanctioning prosecution had been signed by the officials in a mechanical manner without application of mind.