A. N. SURTI, P. D. DESAI, J.

( 1 ) CRIMINAL Appeal No. 839 of 1974 is filed by the State of Gujarat against the order of acquittal passed in favour of respondent No. 1 (hereinafter referred to as original accused) by the learned Sessions Judge Surendranagar in Criminal Appeal No. 30 of 1974 which arose out of an order of conviction and sentence passed by the learned Judicial Magistrate First Class Wadhwan in Criminal Case No. 233 of 1973 for the commission of an offence punishable under bye-law No. 15 read with bye-law No. 12 of the bye-laws regarding octroi of Wadhwan City Municipality (hereinafter referred to as the bye-laws ). The learned Magistrate had sentenced original accused to pay a fine of Rs. 75/in default to suffer S. I. for seven days for the commission of the aforesaid offence.

( 2 ) THE Original complainant filed Miscellaneous Criminal Application No. 613 of 1974 in this Court as he was aggrieved by the aforesaid order of acquittal and the same is placed for admission before us at the time of final hearing of the aforesaid appeal. Since we are disposing of the State-appeal we do not propose to pass any orders on Miscellaneous Criminal Application No. 613 of 1974 and a

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