SHANKER LAL SHAH Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) THE learned Sessions Judge recommended for the setting aside of the impugned order passed by the magistrate on 28 -3 -1972 recalling his earlier order of acquittal.

(2.) A summons case was pending before the Tahsildar -Magistrate against the Applicant Shanker Lal. The complainant in the case was the Municipal Board, Nainital. On 15 -3 -1972, which was the date fixed in the case accused -Applicant Shanker Lal was present in court but no one appeared on behalf of the complainant Municipal Board. Shanker Lal moved an application on that day that since the complainant was absent he should be acquitted. On 28 -3 -1972 the Tahsildar -Magistrate passed the following order:

(3.) THE impugned order of the magistrate dated 28 -3 -1972 recalling his order of acquittal is set aside and the reference is accepted.