MAHAMAD BILOO Vs. KIRTI NATH GOGOI

JUDGEMENT

(1.) This is an appeal under Sec. 378 of the Code of Criminal Procedure filed by the Appellant -complainant against the order of acquittal dated 30.5.80 passed by the learned Judicial Magistrate, 2nd Class, Jorhat in C.R. Case No. 5477 of 1978.

(2.) The complainant's case is that he was running a shop in the left corner of the Jorhat Fish market after obtaining due permission of the Jorhat Municipal Board. But on 6.11.78 the accused -Respondent along with some labourers of the Municipality demolished his shop and took away all goods and articles worth about Rs. 775/ -. Complainant has also alleged that he sustained a total loss of Rs. 13,000/ -. The complainant filed a complaint petition before the Court and the Court after making preliminary inquiry issued summons against the accused -Respondent under Ss. 379/427 of the Indian Penal Code. After examining the witnesses on behalf of the complainant the trial Court framed charges under the aforesaid Ss. against the accused person to which he pleaded not guilty.

(3.) Five witnesses were examined on behalf of the complainant. Statement of the accused person was duly recorded who stated that as per orders of the Executive Magistrate and in the presence of the said Magistrate he demolished the construction in question with the help of labourers of the Municipality. He has further stated that he removed the articles to the office of the Municipality. One witness was examined on behalf of the accused. It is an admitted fact that at the relevant time the Municipality, which was superseded, was under the control of the State Government.