LAWS(ALL)-1977-9-10

MUNICIPAL BOARD JAHANGIRABAD Vs. JAMSHED ALI KHAN

Decided On September 21, 1977
MUNICIPAL BOARD, JAHANGIRABAD Appellant
V/S
JAMSHED ALI KHAN Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the Municipal Board, Jahangirabad of district Bulandshahar against the order of dismissal of the complaint under Section 247 CrPC passed by Tahsildar-Magistrate, Anupshahar.

(2.) JAMSHED Ali was being prosecu ted in the Court of the Tahsildar-Ma gistrate under Sections 178 and 186 of the Municipalities Act. On 8-6-1972, the complainant was absent. On behalf of the JAMSHED Ali an application was moved that the complaint should be dismissed under Section 247 CrPC (Old) on account of the absence of the complainant. The Magistrate observed in his order that the complainant was not present. He, therefore dismissed the complaint in default and ordered the accused to be acquitted. JAMSHED Ali is now dead, and Iqbal Ahmad has been substituted in his place.