JUDGMENT: This is an appeal by leave under S. 417(3) of Cr. P.C. against an order of acquittal recorded by a Magistrate, 1st Class, in a case under S. 299 of the U.P. Municipalities Act, 1916.

2. The Municipal Board of Saharanpur sent information to the City Magistrate that the respondent has put on a khokha (temporary structure of wood) without the permission of the Board, on the Municipal land, which is creating obstruction in the free flow of the traffic on the municipal road which is against law and as such has made himself liable for punishment under S. 299 of the Act, Cognizance was taken by the learned City Magistrate on this information and he transferred the case to the Court of H.P. Srivastava, another magistrate, for trial.

3. The respondent was summoned and the substance of the accusation was stated to him. He admitted that he was occupying a khokha on the land of the municipal board but asserted that the aforesaid khokha had been constructed by one Sona Ram with the permission of the Board.

4. The complainant Municipal Board examined its Fire Inspector Jai Bhagwan and Overseer Govind Singh in support of its case. Jai Bhagwan stated that the respondent had been oc