CHAIRMAN, SILCHAR MUNICIPAL BOARD Vs. AZIZUR RAHMAN

JUDGEMENT

(1.) THIS is an appeal against an order of acquittal passed by Shri B. Saikia, Magistrate (J), 1st Class, Silchar, acquitting the accused of the charges under Sections 176/177, Assam Municipal Act, 1956 (Assam Act 15 of 1957), for short "the Act".

(2.) THE allegations against the accused were that he had constructed a house without previous sanction of the Municipal Board, Silchar, as required under Section 174 of "the Act". Further the accused violated the requisitions served on him under Section 177 of the Act. The accused appeared and the offences were explained. Three witnesses on behalf of the complainant and one defence witness were examined.

(3.) THE case that emanates from the prosecution witnesses is that the accused had constructed one house in Municipal Holding No. 452 in Ward No. 20 without obtaining prior permission from the Board. He was served with notice dated 18.1.1971, by the Municipal Board to show cause why he should not be prosecuted. Thereafter, on failure to comply with the terms of the notice he was served with another notice dated 20.3.1971 asking him to demolish the unauthorised construction. But the accused did not comply with this requisition as well. Therefore, according to the Municipal Board, the accused was liable to be punished under Section 176/177 of "the Act". The indubitable position is that the commission of the offence under Section 176 of "the Act" was brought to the knowledge of the Vice -Chairman for the first time on 8.1.1971 and the complaint was lodged on 15.6.1971. This is admittedly within 6 months of the date on which commission or existence of the offence was first brought to the notice of the Vice -Chairman of the Board. The learned Magistrate has held that offence under Section 176 of "the Act" is a "continuing offence", but committed an arithmetical error in calculating the period. When the alleged offence was brought to the notice of the Chairman on 8.1.1971 and the complaint was lodged on 15.6.1971, by all means the case was instituted within 6 months.