AJMER MUNICIPAL COMMITTEE Vs. JETHANAND WADHUMAL

JUDGEMENT

(1.) THIS is a revision against an order of the learned Honarary Magistrate Shri U. C. Bhattacharya acquitting the opposite party Shri Jethanand Wadhumal under Section 247, Cr. P. C.

(2.) ON the complaint of the Executive Officer, Municipal Committee, 17 cases under Section 179, Ajmer-Merwara Municipalities Regulation were filed against the opposite party. He was examined on 25-7-1953 and the case was adjourned from time to time. On 14-10-1953 an application was made on behalf of the opposite party under Section 94, Cr. P. C. for the production of certain documents by the Executive Officer himself or through somebody. The Magistrate made an order calling for the documents and adjourning the case to 25-11-1953 for the consideration of the application under Section 94, Cr. P. C. On that date, the opposite party made an application for his acquittal on the ground that the complainant Executive Officer was absent and had been absent throughout and his presence had not been dispensed with. On 16-12-1953 the Magistrate passed an order acquitting the opposite party and dismissing the complaints under Section 247, Cr. P. C.

(3.) THE Municipal Committee made an application in revision to the Sessions Judge but it has been dismissed.