K V MURTHI Vs. STATE

JUDGEMENT

(1.) THE accused was convicted by the 3rd Class Bench Magistrate, Bandar, under Sections 249, 321 (9) read with Section 313 of the District Municipalities Act and sentenced to a tine of Rs. 5/ - with a default imprisonment of two days. The case against the accused was that he was running a coffee hotel without obtaining the requisite licence.

(2.) IN this revision case, the same contentions are repeated before me. The substantial question for determination here is whether the failure to comply with the terms of Sub -section (3) of Section 4 of the District Municipalities Act has vitiated the prosecution. Section 4 which occurs in. Chapter II dealing with creation and abolition, of Municipalities recites:

(3.) THE Proviso under this Sub -section and the provisions of Sub -section (3) are not material for the present discussion. Thus Section 290 of the Government of India Act empowers the Governor -General to create a new province, increase the area of any province and diminish the area and alter the area of any province. The Governor -General has merely increased the area of the then State of Madras by including the Frenchpet in the town of Bandar.