Decided on April 08,1983

MD KHAGUDD IN Respondents


- (1.) THIS revisional application at the instance of the Corporation of Calcutta and the Commissioner thereof is directed against an order dated February 23, 1981 passed by the Municipal Magistrate, 4th Court, Calcutta in Misc. case No. 6 of 1981 and raises a short question whether the police challan on the basis of which the case was started under section 537 (1) of the Calcutta Municipal Act, 1951 was competently filed and whether the learned magistrate was justified in discharging all the accused persons upon a finding that the police officer had no legal authority to start a prosecution of this nature and that the proceeding was, therefore illegal and without jurisdiction.
(2.) THE case of the petitioners in short is that the opposite parties in violation of the building Rules as contained in schedule xvi of the Municipal Act were carrying on with the construction of a building at premises No. 13a, Dacres Lane, Calcutta, without any sanction and continued with the construction in spite of the service of a notice under section 416 of the Municipal act directing the owner or the person carrying on the work of construction to forthwith stop all constructions including the additions and alterations thereto. The requisition to desist from the continuance of the construction not having been complied with", municipal guards were posted but without any effective result. Thereupon the Deputy City Architect, Corporation of Calcutta in exercise of his delegated authority under Section 597 (4) read with section 34 of the Calcutta Municipal Act, 1951 made a requisition to the Officer in charge, Hare Street Police Station to arrest the person or persons carrying on the said unauthorised construction. On February 21, 1981 Sri B. C. Roy, Sub Inspector of police of Section G attached to Hare Street p. S. arrested the opposite parties 1 to 25. On February 23, 1981 the said Sub Inspector submitted a report to the learned Municipal, Magistrate Calcutta and forwarded the accused. The report is Annexure "c" to the petition.
(3.) THE learned Magistrate thereupon passed the aforesaid order discharging all the opposite parties 1 to 25 by the order impugned in this revisional application.;

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