STATE OF GUJARAT Vs. NATHABHAI MANJIBHAI

JUDGEMENT

(1.) The appellant State of Gujarat has assailed the acquittal order passed by the learned Judicial Magistrate First Class (Municipal) Rajkot in Criminal Case No. 374 of 1983 on 30-8- 1983 by invoking the provisions of Section 378 of the Code of Criminal 1973 (Code for short hereinafter).

(2.) In order to appreciate the merits of the present case and the challenge against it a resume of necessary relevant facts may be briefly narrated at this stage. The respondent-Nathabhai Manjibhai is the original accused in the aforesaid criminal case who was charged for the offence punishable under Section 399 of the Bombay Provincial Municipal Corporation Act 1949 (BPMC Act for short) as well as for the offence punishable under Section 35 of the Gujarat Town Planning Act 1976 (CTP Act for short) in the Court of learned J. M. F. C. (Municipal) Rajkot in Criminal Case No. 37 of 1983

(3.) In that the prosecution has alleged that the complainant one Shri K. N. Gadhia Overseer Rajkot Municipal Corporation visited the place of accused at Kotharia Road on 6/01/1983 in his capacity as an overseer for checking and in course of that enquiry it was found by him that the accused had constructed a house on the ground floor by removing the old house. He also noticed that the accused had constructed shops and further construction work was in progress. The complainant found the accused present on the site when he visited and so also the construction work going on there.