JUDGMENT - (1) This is an appeal by the Municipality of Vyara under Section 417(3) of the Code of Criminal Procedure against an order of acquittal passed by the Judicial Magistrate, First class, Vyara, District Surat. At the instance of the Vyara Municipality the respondent Fulchand was tried before the Judicial Magistrate, First Class, Vyara, for an offence under section 96(5) of the Bombay District Municipal Act. The learned Magistrate acquitted the accused and against the order of acquitted the accused and against the order of acquital the Vyara Municipality has obtained special leave to appeal to this court.

(2) The facts which give rise to the complaint are briefly these. The respondent is the owner of a building No. 1657 in the town of Vyara. He desired to repair the building and to construct a Kitchen. A bath room and a lavatory at the rear of the building. He, therefore submitted an application to the Municipality of Vyara for permission to carry out the repairs and to put up the proposed construction. With the application the respondent submitted the plans required by the rules framed by the Municipality. The Municipality granted sanction to the respondent to carry out the

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