EXECUTIVE OFFICER Vs. UTTAM KUMAR SINGH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order of acquittal dated 08.05.1990 passed by the J.M.F.C., Berhampur in 3(a) C.C. No. 184 of 1985 (T.R. No. 152 of 1990).

(2.) The case of the prosecution, in short, is that on 14.02.1985 during the visit of the Amin accompanied by the Tax Sarkar of Berhampur, it was found that the accused-respondent had demolished his old house and was reconstructing a new house without obtaining prior permission of the appellant. As such, the accused-respondent contravened Sections 264 and 266 of the Orissa Municipal Act, 1950 (hereinafter referred to as 'the Act'). A prosecution report against the accused-respondent was filed before the S.D.J.M., Berhampur, which was registered as 3(a) C.C. No.184 of 1985.

(3.) The defence plea was one of stout denial.