This is an appeal under section 378 of the Code of Criminal Procedure filed by the appellant-complainant against the order of acquittal dated 30.5.80 passed by the learned Judicial Magistrate, 2nd Class, Jorhat in C.R. Case No. 5477 of 1978.

2. The complainant's case is that he was running a shop in the left corner of the Jorhat Fish market -after obtaining due permission of the Jorhat Municipal Board But on 6.11.78 the accused-respondent along with some labourers of the Muni­cipality demolished his shop and took away all goods and articles worth about Rs. 775/-. Complainant has also alleged that he sustained a total loss of Rs. 13,000/-. The complainant filed a complaint petition before the court and the court after making preliminary inquiry issued summons against the accused-respondent under sections 379/427 of the Indian Penal Code. After examining the witnesses on behalf of the complainant the trial court framed charges under the aforesaid sections against the accused person to which be pleaded not guilty.

3. Five witnesses were examined on behalf of the compla­inant. Statement of the accused person was duly recorded who stated that as per orders of the Executive Magistrate and

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