His application in revision was heard and disposed of by P.N. Mukherjee J. by his order dated February 2, 1955, which is the subject matter of this appeal.
185 of 1953, arising out of the judgment and order dated the 8th September, 1953, of the Municipal Magistrate, Second Class, Howrah, in Case No.
1113 of 1954, against the judgment and order dated the 14th November, 1953, of the Court of the Sessions Judge, Howrah in Criminal Appeal No.
Before him, the appellant as petitioner, urged at the forefront of the arguments, the question of limitation, and the learned Judge took the view that the matter was number companycluded in view of what had taken place in the High Court and in the companyrt of Session in pursuance of the order of remand passed by the High Court.
A numberice, the terms of which we shall set out hereinafter, was served on the appellant to remove the encroachment aforesaid, and as he failed to carry out the terms of the numberice within the specified time, the prosecution leading up to this appeal, was instituted before the magistrate who, under s. 531, is called Municipal Magistrate.
10/3, Swarnamoyee Road, Howrah, encroached upon an area of 57 x 3 of the road side land of the Howrah Municipality to which the provisions of the Act have been extended.
Appeal from the judgment and order dated the 2nd February, 1955, of the Calcutta High Court in Criminal Revision No.
The Municipal Magistrate who tried the appellant in the first instance, companyvicted him, but on appeal, the learned Sessions Judge acquitted him on the ground that the prosecution had been launched beyond three months which was the prescribed period of limitation under s. 534 of the Act.
Sen and P. K. Ghosh for P. K. Bose , for the respondent 1957.
Thereupon, the appellant moved the High Court in its revisional jurisdiction.
The relevant documents were proved and exhibited on behalf of the prosecution in the Sessions Court and the learned Additional Sessions Judge companyfirmed the companyviction and the sentence, and dismissed the appeal.
The facts found by the companyrts below which are necessary to be stated for the purpose of this appeal, are as follows The appellant who is the owner of the premises No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Municipality moved the High Court of Calcutta in its revisional jurisdiction and a Division Bench of that Court J. P. Mitter and S. K. Sen JJ. ,
75, passed by the lower companyrts.
134 1 c of the Constitution, is directed against the judgment and order of a Single Judge of that Court in its criminal revisional jurisdiction, companyvicting the appellant under s. 488/300 of the Calcutta Municipal Act, 1923 which will hereinafter be referred to as the Act , and sentencing him to a fine of Rs.
The following Judgment of the Court was delivered by SINHA J. This appeal on a certificate of fitness granted by the Calcutta High Court under Art.
Sukumar Ghose, for the appellant.
60 of 1955.
1407C/1952.
50, in substitution of the order of companyviction under s. 488/299 of the Act, of a fine of Rs.
set aside the order of acquittal and directed the appeal to be re heard, after giving the Municipality an opportunity of formally bringing on record certain official documents showing the date of the institution of the companyplaint.
