JUDGMENT

Jitendra Jain, J. - The present appeal is fled by the State of Maharashtra (original complainant) under section 378 of the Code of Criminal Procedure, 1973 against the order dated 3rd February 2006 passed by the Learned Metropolitan Magistrate, 39th Court, Vile Parle, Mumbai acquitting Respondent (original accused) of the offence under section 53(1) of The Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act').

2. Narrative of Events:

(i) On 27th May 2002, Shri. Sawant, Assistant Municipal Commissioner, H Ward, Bandra, Mumbai 400 050 visited Room No.2, Geetika Co-operative Housing Society, S.V. Road, Santacruz (West), Mumbai 400 054 and found that garage no.2 was being used as a beauty parlour.

(ii) On 10th June 2002, a notice under section 53(1) of the MRTP Act was issued by Shri. Sawant to the Respondent accused directing him to discontinue the use of garage as beauty parlour within one month from the date of notice. The said notice further stated that failure to comply with the same would result into prosecution.

(iii) On 22nd July 2002, a second inspection report was submitted by Shri. Uttam Mulik, offcer of the Municipal Corporation of Greater Mumbai ('MCGM') in whi