PATAN MUNICIPALITY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. C.M. Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent no.1 State and Shri Anvesh Vyas, learned advocate waives service of notice of Rule on behalf of respondent no.2 original accused. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the application is taken up for final hearing today.

(2.) Present Criminal Revision Application under Section 397 r/w Section 401 of the Code of Criminal Procedure has been preferred by the petitioner hereinoriginal complainant Patan Municipality through his Chief Officer to quash and set aside the impugned judgment and order dated 3.5.2010 passed by the learned Chief Judicial Magistrate, Patan passed in Criminal Case No. 205 of 2001 by which the learned trial Court has acquitted the respondent no.2 hereinoriginal accused for the offence punishable under subSection (7) of Section 155 of the Gujarat Municipalities Act, 1963.

(3.) The facts leading to the present Criminal Revision Application in nutshell are as under: