MUNICIPAL COUNCIL SHIVPURI Vs. RADHA BAI

JUDGEMENT

(1.) This is an application under Section 378(4), Cr. P.C. seeking leave to file an appeal from an order acquitting the accused/respondents of the offence under Section 187(8) of the M.P. Municipalities Act, 1961.

(2.) On 1-10-1981, the Municipal Council, Shivpuri filed a complaint complaining of construction without permission by the accused/respondents on 5-10-1989. The trial court acquitted the accused/respondents holding that an offence under Section 187(8) of the M.P. Municipalities Act, 1961 being punishable with fine only extending to Rs. 1,000/-, it had no jurisdiction to take cognizance on expiry of period of 6 months from the date of commission thereof in view of bar enacted by Section 468(2)(a) of the Code of Criminal Procedure, 1973.

(3.) The learned counsel for the complainant seeking leave to file an appeal has contended that in so far as the offences open to prosecution under the provisions the M.P. Municipalities Act are concerned, S.313 thereof provides a period of limitation of 12 months from the date of commission thereof which provision being founded in a special enactment would override the provisions contained in a general enactment like Code of Criminal Procedure, 1973, and as such the trial court was not justified in acquitting the accused/respondents upon an erroneous view that it was debarred from taking cognizance.