BERHAMPUR MUNICIPALITY Vs. S. GARAMMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and Order dated 27.09.1995 passed by the Learned J.M.S.C., Berhampur in 3(a) C.C. Case No. 27 of 1991/T.R. No. 343 of 1995, 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 receipt of complaint on 30.10.1990 from four residents of Bijipur locality about the raising of unauthorized construction by the accused -Respondent on a piece of land belonging to the Berhampur Municipality, P. Ws. 1 and 2 surveyed the area on 31.10.1990 individually. On submission of report by P.W. 1, the Appellant issued notice to the accused -Respondent to stop such construction. As the accused -Respondent failed to comply the notice, prosecution report was submitted against him for violation of the provisions of Sections 264, 266, 273 -A of the Act.

(3.) TWO witnesses were examined and eight documents exhibited on behalf of the Appellant to prove its case. However, no witness was examined on behalf of the defence in order to substantiate its plea. Learned J.M.S.C., who tried the case, by his judgment dated 27.9.1995 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.