H.C.P. Tripathi, J. - (1.) THIS appeal by leave Under Section 417(3) of the Code of Criminal Procedure by the Municipal Board, Aligarh, is directed against an order of acquittal recorded by a Magistrate 1st Class in a case Under Section 185 of the UP Municipalities Act.
(2.) RESPONDENT Amarjit Singh was prosecuted on the allegation that he had constructed a latrine in Mohalla Inderpuri in the city of Aligarh without the permission of the Municipal Board. The Respondent had denied the allegation. The parties led evidence in support of their respective contentions. The trial Magistrate made a local inspection and recorded an acquittal in the case solely on the basis of the local Inspection report.
(3.) I have heard learned Counsel for the parties.;