MUNICIPAL BOARD Vs. RIZWAN BEG

JUDGEMENT

(1.) This appeal against an order of acquittal passed by Bench Magistrates of Ghaziabad has come up after obtaining special leave to appeal under Section 417(8), Cri. P. C. The respondent, a manager; of an ice factory, is alleged to have violated byelaws of the Municipal Board Ghaziabad for the - "Regulation and Control of Ice Factories" in the Ghaziabad Municipality, framed under Section 298 of the U. P. Municipalities Act, 1916, and notified in the Government Gazette, under notification No. 2366/XXIII-37(1)-48-49 dated May 6, 1949.

(2.) The Magistrates who tried the case held that the complaint was not made in accordance with the "requirements of laws in this behalf" They did not specify in their judgment any provision of law for the making of the complaint which had not been complied with by the complainant. I have examined the complaint, and I find that the learned Magistrates were in error in holding that the complaint itself was legally defective.

(3.) The learned Magistrates then observed that the "main offence" alleged against the respondent "seems the letter" written by the respondent Manager on behalf of R. B. Ram Ratan Prem Nath, Dasna Road, Ghaziabad the owner of the Ice Factory. It is difficult to understand what the Magistrates meant by this observation. Neither the letter nor the writing of the letter by the respondent, on behalf of the proprietor of the Ice Factory, could constitute an offence under the above mentioned byelaws. I am afraid the judgment of the learned Magistrates discloses that they did not duly apply their minds either to the facts of the case or to the law applicable.