EXECUTIVE OFFICER, BERHAMPUR MUNICIPALITY Vs. PRAKASH KUMAR SAHU

JUDGEMENT

(1.) The Berhampur Municipality has filed this appeal challenging the judgment dated 28.7.1987 passed by the Judicial Magistrate, Second Class, Berhampur in 3(a) C.C. No. 322 of 1986. Respondent is the accused in the case.

(2.) It appears from the L.C.R. that Respondent faced the aforesaid trial for the offence under Sec. 385A of the Orissa Municipal Act, 1950 (in short "the Act") on the allegation of making a construction in Ward No. 25 in contravention of the provisions of Sec. 264 and 266 of the Act. It is further alleged by the prosecution that in spite of service of show -cause notice Respondent failed to show -cause. To substantiate the accusation, prosecution examined three witnesses and relied on five documents marked Exts. 1 to 5. Out of the same, Ext. 5 is the relevant document relating to service of notice to show -cause on the Respondent.

(3.) Respondent took a plea of complete denial but tendered no evidence.