MUNICIPAL COMMITTEE, RAMPUR BUSHAHR Vs. BIRJA NAND NEGI
HIGH COURT OF HIMACHAL PRADESH
MUNICIPAL COMMITTEE, RAMPUR BUSHAHR
BIRJA NAND NEGI
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D.B.LAL,J. - -
(1.) In these four criminal appeals, Cr. A. No. 24 of 1971 and the other connected criminal appeals Nos. 25, 26 and 27 of 19/1, a common question of law and fact arises and hence all of them can be disposed of by a single judgment
(2.) The prosecution case in all these appeals was that the accused did s me construction of a building against the Municipal Bye -laws and as such they were prosecuted for committing the offence under section 233 of the Himachal Pradesh Municipal Act. The respective complaints were filed by the appellant -Municipal Committee before the Sub -Divisional Magistrate, Rampur Bushehr, and the order -sheets of the dates of which the accused were acquitted under section 247 of the then Criminal Procedure Code are written as follows: - Cr. A. No. 24/71. -"Courts order dated 21 -5 -71. Called. None is present on behalf of the complainant. Both the accused are present. Now it is 3 p. m. Hence the case under section 247, Cr. P. C. is hereby dismissed and the accused persons are acquitted. File be consigned to the record room. Sd/ - S. D. M., Rampur Bushahr, Mahasu Distt. (H. P,)" Cr. A. No. 25/71. -"Courts order dated 1 -6 -71 : The representative of M. C. Rampur Shri Kishori Lai not present inspite of knowledge of the date of hearing. Accused Ram Lok present. To come up at 3 p. m. Sd/ - S. D. M. 1 -6 -71. "Courts order dated 1 -6 -71 : Called thrice. Accused Ram Lok present. Kishori Lal complainant not present in spite of knowledge of the date of hearing. I, therefore, acquit the accused Ram Lok under section 247, Cr. P. C. The file be consigned to the record room. Announced. Sd/ - S. D. M. 1 -6 -1971." Cr. A. No. 26/71. -"Courts order dated 21 -5 -71: Called. None is present. Now it is 3.10 p.m. Hence the qise is dismissed in default of the presence by the complainant. The accused is absolved of the case under section 247, Cr. P. C. The file be consignedno record room. Sd/ - S. D. M., Rampur Bhshahr, Distt. Mahasu, H.P. 21 -5 -71. Cr. A. No. 27 of 1971. -"Courts order dated 19 -5 -71 : Called. Now it is 2 p. m. The complainant is not present. He was present on the previous date of hearing. The offence is compoundable. The accused along with her counsel Shri Kailash Chand, Advocate, is present. Case under section 247, Cr. P. C. be filed owing to the absence of the complainant. The order accounced to the accused. Sd/ - S.D.ML, Rampur Bushahr, Mahasu Distt., H. P. 19 -5 -1971.
(3.) In all these cases the dates were fixed for the appearance of the accused and obviously the complainant was also required to be present on these dates. The Magistrate did not choose to adjourn the hearing of the cases to some other date, nor did he choose to exempt the personal attendance of the complainant. The result was that he proceeded under section 247 of the then Criminal Procedure Code and acquitted the accused. The Municipal Committee, Rampur Bushahr has felt aggrieved of the decision and has preferred these four appeals.;
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