MUNICIPAL BOARD Vs. ABDUL HABIB

JUDGEMENT

(1.) THIS appeal by leave under Section 417(3) of the Code of Criminal Procedure is directed against an order of acquittal passed by the learned Sessions Judge of Hamirpur on appeal in a case under Sections 298 and 299 of the U.P. Municipalities Act.

(2.) THE Respondent Abdul Habib was prosecuted on a complaint filed by the Municipal Board, Rath for having committed breaches of two of the byelaws framed by the Municipal Board under Section 298(J) and (C) of the Act. One of those byelaws was that:

(3.) ON an assessment of evidence the trial Magistrate held that the Respondent did not get possession over the platform aforesaid in pursuance of the auction held in his favour and, therefore, he was not guilty of having committed a breach of byelaw No. 1. He was, however, of opinion that although the Respondent was not delivered possession of the platform be infringed byelaw No. 2 when he did not execute the lease or agreement deed within 15 days of the notice issued to him by the Municipal Board for the aforesaid purpose. He, therefore, convicted and sentenced him to pay a fine of Rs. 50/ -.