TOWN SURVEYOR BERHAMPUR MUNICIPALITY Vs. SAROJINI CHOUDHURY

JUDGEMENT

(1.) Heard Mr. N. Misra who appears and addresses this Court on behalf of Mr. N.K. Misra, learned counsel for the appellant.

(2.) This appeal has been filed against the order of acquittal granted under Section 255(1), Cr.P.C. by learned J.M.F.C., Berhampur in favour of the respondent in 3(a)CC No. 218 of 1986 (Tr. No. 193 of 1986) as per the impugned judgment dated 27th June, 1987.

(3.) It appears from the impugned judgment and the LCR that respondent faced the trial for the offence under Section 385-A of the Orissa Municipal Act (in short the Act) on the allegation that she had constructed the first floor of her building standing on Assessment No. 13074 in Badokhemundi street, Ward No. 19 within Berhampur Municipality without obtaining prior permission of the said Municipality as required under the provision in Sections 264 and 266 of the Act. Respondent took the plea of complete denial. In course of trial appellant examined two witnesses and relied on documents marked Exts. 1 to 5. The trial court on assessment of evidence did not find credibility in the evidence of P.W.1 inasmuch as at the time of inspection no notice was served on the respondent and there was delay in launching the prosecution for about one year from the date of inspection. However, learned Magis-trate has considered the same on the ground of limitation.