EXECUTIVE OFFICER BERHAMPUR Vs. KONCHADA VISWESWAR RAO SUBUDHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21.1.1987 passed by the Learned 2nd Addl. Sessions Judge, Berhampur in Criminal Appeal No. 21/1986 (1/86 GDC) setting aside the judgment of conviction and sentence dated 9.12.1985 passed by the J.M.S.C., Berhampur in 3(a) C.C. 140 of 1982 (T.R. No. 14 of 1985) and acquitting the respondent of the offence under Section 385 -A of the Orissa Municipal Act.

(2.) THE case of the prosecution is that the respondent had obtained permission for construction of a building for the purpose of running a hotel, whereas he had constructed a building not in accordance with the approved plan but in a different manner violating the plan approved. Further, instead of the purpose for which sanction was granted for the construction of a building, namely, for starting of a hotel, the respondent had started a private market in the newly constructed building giving shop rooms to various dealers for selling food grains, ghee, etc. Therefore, the appellant had filed a prosecution report against the accused -respondent.

(3.) IN order to prove its case, the prosecution examined as many as two witnesses and relied on six exhibits. The accused -respondent examined none in support of his plea.