CANTONMENT BOARD, RANIKHET, ALMORA Vs. BABLU
LAWS(UTN)-2013-9-33
HIGH COURT OF UTTARAKHAND
Decided on September 09,2013

Cantonment Board, Ranikhet, Almora Appellant
VERSUS
BABLU Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) (Oral) - Since the aforesaid applications under Section 482 Cr. P.C. arise out of the same facts and the law governing the field is also the same, therefore, they are being decided by this common judgment and order. 0482 Petition No. 382 of 2010 Cantonment Board, Ranikhet v. Bablu will be the leading case.
(2.) The applicants imposed fine upon the respondent alleging pig nuisance. The applicant served notices upon the respondents to deposit the amount of fine which was imposed by the applicant. The respondents did not do so. The applicant moved the applications under Sections 324of the Cantonments Act, 2006 (hereinafter referred to as 'the Act1) for realization of the fine. The said applications of the applicant were allowed by the Judicial Magistrate, Ranikhet vide orders dated 18.01.2010. Aggrieved against the same, criminal revisions were filed by the revisionists (respondents herein). Criminal revisions were allowed. Orders dated 18.01.2010 were set aside vide impugned judgements and orders dated 02.03.2010. Aggrieved against the impugned judgments and orders, present Applications under Section 482 Cr.P.C were filed by the applicants.
(3.) Learned Judicial Magistrate took the view that the Cantonment Board was empowered under Section 64 (1) (xxxiii) of the Act to impose fine upon the respondents, who refused to remove piggeries despite service of notices upon them by the applicant. Learned Judicial Magistrate also took the view that the applicants were empowered to do so under Section 324 (1) of the Act. The view taken by learned Judicial Magistrate was based upon the wrong premise, in as much as, Section 64 of the Act dealt with "Discretionary Functions of Board" and sub-clause (xxxiii) of sub-Section (1) of Section 64 dealt with "constructing and managing garages, sheds and stands for vehicles and cattle sheds". Section 64 of the Act, therefore, does not empower the Cantonment Board to levy fine.;


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