SWAMI SUDARSHANANAND GIRI Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-7-232
HIGH COURT OF UTTARAKHAND
Decided on July 31,2013

Swami Sudarshananand Giri Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) Nagar Palika Parishad, Haridwar, through it's Executive Officer, filed a complaint against the accused Mahant, under Sections 299 and 307(b) of The Uttar Pradesh Municipalities Act, 1916 (hereafter referred to as 'the Act'). Learned Additional Civil Judge/ Judicial Magistrate, Haridwar convicted the accused under the aforesaid sections, vide impugned judgment and order dated 16.10.2005 and sentenced him to pay a fine of Rs. 1000/- for each offence. Aggrieved against the said judgment and order, present Criminal Revision was preferred.
(2.) A perusal of Section 299 of the aforesaid Act will reveal that the same deals with the infringement of rules and bye-laws. The said Section is reproduced herein below for convenience: "299. Infringement of rules and bye-laws. (1) In making a rule the State Government, and in making a bye-law the [Municipality] With the sanction of the State Government, may direct that a breach of it shall be punishable with fine which may extend to [ one thousand] rupees and when the breach is a continuing breach, with a further fine which may extend to [twenty five rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. (2) The [Municipality] may with like sanction prescribe a similar penalty for the breach of a rule lawfully made under the United Provinces Municipalities Act, 1873 (Act XV of 1873) and still remaining in force."
(3.) It, therefore, transpires that the said Section is an enabling Section whereby Municipality is empowered to make a bye-law in respect of a breach. It is not a punishable Section. Neither this Section defines any 'offence' nor is it a 'punishable Section'.;


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