EXECUTIVE OFFICER BERHAMPUR Vs. RAMAHARI PATRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29.04.1991 passed by the learned J.M.F.C, Berhampur in 3(a) C.C. Case No. 4 1990/T.R. No. 138 of 1990, acquitting the respondent of the offence under Section 385 -A of the Orissa Municipal Act (for short 'the Act').

(2.) THE case of the appellant is that on 28.09.1989 and thereafter it was found that the accused -respondent had constructed a building in the main road, Gosaninuagam Street, abutting to public road in Ward No. 23 within Berhampur Municipality area without obtaining any permission. Thereby, he had contravened the provisions of Sections 264 and 266 of the Act.

(3.) THREE witnesses were examined and five documents exhibited on behalf of the appellant to prove its case. But, none was examined on behalf of the defence in order to substantiate its plea. Learned J.M.F.C, who tried the case, by his judgment dated 29.04.1991 acquitted the accused -respondent of the offence with the finding that the prosecution has miserably failed to prove the guilt of the accused -respondent under Section 385 -A of the Act and also that the case being barred by limitation is not maintainable.