NOTIFIED AREA COMMITTEE Vs. MAJID

JUDGEMENT

(1.) This is a reference, under Section 438, Criminal P. C., by the learned Ses. J. of Bulandshahr. The facts & circumstances leading to the reference are these: The Notified Area Committee of Anupshahr, in the district of Bulandshahr, through its President, prosecuted one Majid under Section 299, U. P. Municipalities Act, for his failure to pay tahbazari, due under the bye-laws framed by the Committee, in respect of his lorry which had been brought within the limits of the Anupshahr Notified Area. The prosecution was launched, on 11-5-1949, under the authority conferred upon the President of the Committee in a resolution, dated 25-6-1943 passed by the Committee, which had been dissolved in September 1947. The old Committee, which had passed the resolution, consisted of six members, while the new Committee, in whose time the prosecution was launched, consisted of fourteen members.

(2.) The defence set up by Majid inter alia was that the prosecution was illegal, inasmuch as the new Committee had not authorised its President to launch such prosecutions, & that the authorisation of its President by the old Committee was no longer effective at the time when he was prosecuted.

(3.) The plea raised in defence was upheld by the trial Ct., the Tahsildar-Mag. of Anupshahr, who was of the opinion that the President of the new Committee was not competent to order the prosecution as he had not been authorised by the Committee by any general or special order in this behalf & that the prosecution of Majid was consequently bad. He, therefore, acquitted Majid. The matter was then taken in revision to the learned Ses. J. who held that the President of the Committee had the requisite authority to order prosecution of Majid; consequently, the order of the trial Court was liable to be set aside. Accordingly, he made this reference, with a recommendation that the order of acquittal passed by the trial Court, be set aside & a retrial be ordered or any other suitable order be passed.