NAGARA COUNCIL BUDHLADA Vs. SUNITA RANI

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment dated 29.8.2011 passed by learned Additional Sessions Judge, Mansa. Dismissing the appeal filed by the present petitioner against the judgment dated 27.11.2009 passed by learned Sub Divisional Judicial Magistrate, Budhlada, acquitting the respondent in the complaint filed by the petitioner under Sections 195 and 195-A of the Punjab Municipal Act, 1911 (for short 'the Act').

(2.) The short question that falls for consideration of this court is that whether the respondent, while raising construction of the building of school, committed an offence punishable under Sections 195 and 195-A of the Act.

(3.) The facts of the case, put into narrow campus, are that the petitioner filed a complaint against the respondent vide complaint No.26 of 27.8.2005 under Sections 195 and 195-A of the Act, alleging therein that the respondent started raising construction of the school without the requisite permission of Nagar Council, Budhlada. Two notices bearing Nos. MCB/SC/1448-49 dated 26.5.2005 were served upon the accused, asking her to stop the construction but to no avail. The learned trial court issued the notice to the respondent, who appeared and denied the allegation. In order to prove its case, the petitioner-complainant examined Amarjit Singh, JE as CW-1, Om Parkash as CW-2, Ashok Kumar as CW-3 and Vasdev as CW-4. Statement of the accused was recorded under Sec. 313 Crimial P.C., who did not plead guilty and claimed trial. The accused also led her evidence by producing Jaswant Singh as DW-1, Karnail Singh as DW-2, Janak Raj as DW-3 and Harbans Singh as DW-4.