(1.) THE accused was prosecuted for failure to remove an encroachment in a public street and he has been acquitted on the ground that the question of establishing the panchayat Board's title or claim to the alleged encroachment is purely of a civil nature.
(2.) THIS is obviously erroneous and the Magistrate has to decide the legality or otherwise of the notice under Section 159(1) of the Madras Local Boards Act. The order of acquittal is therefore set aside and there will be a retrial in accordance with law.