MALHOO MIAN ABDUL GHANI Vs. STATE

JUDGEMENT

(1.) Malhoo Mian Abdul Ghani was prosecuted by the Municipal Board of Bahraich under Sections 185, 186 and 265/306, Municipalities Act lor having made a Kachcha chabutra in front of his shop. As a result of this prosecution the trial Court awarded a sentence of fine to the extent of Rs. 10/- only on the applicant.

(2.) It appears that on 6-6-1951, the Municipal Board of Bahraich served a notice on the applicant to demolish a certain chabutra which he had constructed without permission of the Board and which according to the view of the Municipality was not only a trespass but was also a nuisance. The applicant was required to remove the various constructions within three days of the receipt of the notice. The notice was received by the applicant on 10-6-1952, and on 12th June, the applicant replied, saying that the chabutra in respect of which the notice had been served on him was an old chabutra and that it did not in any manner cause any obstruction nor was it a nuisance. The Municipal Board apparently was not satisfied by the answer which the applicant gave and they chose to prosecute the applicant under the sections which I have already noted earlier in this judgment.

(3.) After the applicant had been convicted by the Bench Magistrate of the second class he preferred an appeal to the Sessions Judge of Bahraich. The appeal was heard by the learned Assistant Sessions Judge who found the applicant not guilty of offences under Sections 186 and 265/307 Municipalities Act, but found him guilty of an offence punishable under Section 185 of the Act.