JUDGMENT :

A. Pasayat, J. - In this appeal the Executive Officer, Berhampur Municipality (in short, 'the complainant') calls in question the legality of the judgment of acquittal passed by the learned Judicial Magistrate First Class (Transport), Berhampur (in short, the JMFC). Gurunath Panigrahi (in short, 'the accused') faced trial for the alleged contravention of provisions contained in Sections 264 and 273 of the Orissa Municipal Act, 1950 (in short, 'the Act') thereby attracting culpability in terms of Section 385-A of the Act.

2. The accusations which led to the trial of the accused are as follows :

On 7-3-1984 accused was found constructing a new house having R.C.C. roof in Ward No. 19 adjoining the road within the area of Berhampur Municipality without taking prior approval from the complainant. In course of enquiry, the Amin (PW 1) noticed the infraction and reported the matter to the Town Surveyor (PW 2) who enquired into the matter and submitted prosecution report. The accused took the stand that in fact there was no new construction, but some minor repairs were effected. Additionally, it was pleaded that the prosecution report which was lodged on 14-8-1994 was barred by li