STATE OF H P Vs. DES RAJ

JUDGEMENT

(1.) The State of Himachal Pradesh has assailed the judgment dated 26-11-1986 passed by the learned Chief Judicial Magistrate, Mandi in Criminal case No. 307-I/85, whereby the trial court recorded the impugned order of acquittal in favour of the respondent.

(2.) Shortly stated, facts of the case are that on 18- 6-1985, the Junior Engineer/in charge of National Highway No. 21, Pandoh Section, Chandigarh Manali road noticed unauthorised construction alleged to have been raised by the accused and asked him to stop it, but of no avail. This fact was brought to the notice of the Assistant Engineer, Shri K. K. Malhotra, who too directed the accused to refrain himself from raising the construction, but the directions so issued were not obeyed. The above stated facts led to the collection of material by way of revenue papers and Tatima etc. and ultimately filing of the instant complaint under Section 12 of the Himachal Pradesh Roadside Land Control Act, 1968 (shortly referred to as the 'Act').

(3.) Notice of accusation as envisaged under Section 251 of the Code of Criminal Procedure was put up to which the accused pleaded not guilty and claimed to be tried. In his statement under Section 313 of the Code of Criminal Procedure, the accused pleaded that the construction in question had been raised since the time of his father.