SUNIL KUMAR GARG, J.

( 1 ) THIS appeal has been filed by the Municipal Council, Pali, against the judgment and order of acquittal dated 16-12-87 passed by the learned Additional Judicial Magistrate, Pali in Criminal Original Case No. 434/86 by which the learned Judicial Magistrate acquitted the accused-respondent for offence under Section 170 (II) of the Rajasthan Municipality Act, 1959.

( 2 ) IT arises in the following circumstances : (i) On 10-8-84 a complaint was filed by Parokar Shri Satya Narayan Joshi in the Court of Judicial Magistrate, Pali stating that on 27-2-84 the accused-respondent was making construction without permission of the municipality over his land and thus by doing so, he committed the offence punishable under Section 170 (ii) of the Act of 1959. The site was inspected by P. W. 3 Ganpat Lal in presence of P. W. 1 Viru Ram and P. W. 2 Banshi on 27-2-84 and Fard Ex. P/1 was prepared by P. W. 3 Ganpat Lal on the same day. "

( 3 ) ON 11-4-86, the learned Magistrate read over the contents for offence under Section 170 (ii) of the Rajasthan Municipalities Act, 1959 to the accused respondent who pleaded not guilty and claimed trial.

( 4 ) DURING trial, as