NAGAR MAHAPALIKA ETC. Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) THIS appeal has been filed by Nagar Mahapalika Agra against the acquittal of the opposite party Noor Mohd. by the order of the Magistrate First Class, Agra dt. 8 -10 -1970.

(2.) THE opposite party was prosecuted for an offence Under Section 257 read with Section 460 of the U.P. Nagar Mahapalika Adhiniyam 1959 on the allegations that he had constructed privy in the open space on the public road without the permission of the Nagar Mahapalika The opposite party denied the allegation and claimed that the privy was very (sic) and that no new construction had been made by him without the sanction of the Nagar Mahapalika.

(3.) THE short point on which the opposite party has been acquitted by the court below is that the complaint filed against the opposite party by the Nagar Mahapalika Agra for the alleged offence was barred by time, in view of Section 493 of the Nagar Mahapalika Adhiniyam.