MOHAMMAD YUSUF Vs. EMPEROR

JUDGEMENT

(1.) Mohammad Yusuf, Hafiz Bachchan and Aminuddin were convicted by the City Magistrate of Benares under Section 262, Municipalities Act (Act 2 of 1916) and sentenced to a fine of Rs. 2 each and in default to one day's simple imprisonment. The applicants moved the learned Sessions Judge of Benares in revision upon the ground that the sentences and findings were bad in law and ultra vires and that the prosecution of the petitioners without the permission of the Municipal Board was null and void under the law.

(2.) The learned Sessions Judge considered that the plea advanced by the petitioners was well founded and referred the case to this Court with a recommendation that the conviction and sentence be set aside.

(3.) Section 314, Municipalities Act, contains the following provision: Unless otherwise expressly provided, no Court shall take cognizance of any offences punishable under this Act (whereof a list is given in Sch. 8 for the purpose merely of easier reference) or any rule or bye-law, except on the complaint of, or upon information received from, the Board or some person authorized by the Board by general or special order in this behalf.