EXECUTIVE OFFICER MUNICIPAL BOARD Vs. GANESH CHAND

JUDGEMENT

(1.) This is an appeal by the Executive Officer of the Municipal Board of Mathura against the following order of acquittal, dated 5 -5 -1964, passed by a Magistrate:

(2.) It has been vehemently contended by Mr. R.K. Srivastava, on behalf of the Executive Officer, that the acquittal of the Respondent was illegal and that the above mentioned order passed by the learned Magistrate was not justified by the provisions of Sec. 247 Code of Criminal Procedure. It was pointed out on behalf of the Appellant that an application had been made on 1 -10 -1963 for exemption from personal attendance of the complainant Executive Officer. No order had been passed on this application dated 1 -10 -1963. A glance at the order sheet shows that the prosecution of the Respondent for alleged disobedience of a notice had proceeded without the personal attendance of the Executive Officer and evidence of some prosecution witnesses had been taken but more was to be taken. It was at this stage that the above mentioned dismissal took place for non -appearance of anybody on behalf of the complainant.

(3.) Reliance was placed on two authorities of this Court on behalf of the Appellant Executive Officer. The first is P.N. Khanna v/s. Chief Inspector, 1963 AWR 757 where it was held: