CORPORATION OF CALCUTTA Vs. BIVABATI BASU

JUDGEMENT

(1.) THIS is a reference under section 342, sub-section (2) of the Code of Criminal Procedure by Sri a. K. Datta, Senior Municipal Magistrate, who is also a Presidency Magistrate of Calcutta.

(2.) THE point of law referred to this Court for its opinion runs as follows :-

(3.) THE facts of the case as mentioned in the letter of reference of the learned Magistrate are as follows : -The Case No. 468b of 1964 before the Senior Municipal Magistrate, calcutta, appointed under section 579 of the Calcutta Municipal Act, 1951, was initiated upon an application for summons under section 537, read with rule 5 (1) of Schedule XVII of the calcutta Municipal Act, 1951. Such application is in a printed form with six columns. The first column - name and designation of the complainant -contains the name of Sri Kalidas Basu, chief Insecure Building Surveyor. The second column is for the name and residence of accused wherein appears the name of Sm. Biva Bati Basu, 1/1a, maratha Ditch Lane, Shambazar, calcutta. The third column is for the offence complained of and date of commission. In this column, the allegations of facts are : Failing to comply with the requisition of notice under rule 5 (1) of Sch. XVII, served on 28. 12. 63 to take down the cracked parapet walls on the roof and by securing and repairing the building adequately by clanging its iron rafters with new ones and repairing the cracks in the walls and by half terracting (Sic.) the roof to prevent leakage and by repairing the broken rain water pipes for better drainage and by plastering the inside and outside walls where necessary and by doing all other works to make the building safe and stable as the same lies in a dangerous condition.