SWAMI SUDARSHANANAND GIRI Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Swami Sudarshananand Giri
State of Uttarakhand and another
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(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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