Prashant Kumar Agarwal, J.

Aggrieved with the judgment and order dated 19.10.2011 passed by the Additional Chief Judicial Magistrate No.1, Jaipur Development Authority in Criminal Case No.132/2009 whereby the accused-respondent-Shri Ram Gopal Gupta was acquitted for the offences under Sections 31 (1), 32 (7) and for offence under Section 33 (2) of the Jaipur Development Authority Act, 1982 (hereinafter to be referred as "the Act"), the appellant has filed this criminal appeal under sub-section (4) of Section 378 Cr.P.C. It is to be noted that leave to appeal was granted vide order dated 29.1.2014.

2. Brief relevant facts for the disposal of this appeal are that a complaint under Section 75 of the Act was filed by the Enforcement Officer, JDA, Jaipur against the accused-respondent for the aforesaid offences on 8.5.2009 with the averment that respondent has undertaken development on Plot No.9 situated at Chhayadeep-II Colony within the area of Police Station Mahesh Nagar, Jaipur in violation of the bye-laws prescribed by the Jaipur Development Authority and without its permission. It was further averred that a notice under Section 31 (1) of the Act was served upon the respond