ORDER

Allsop, J. - This is a reference by the learned Sessions Judge of Allahabad that the conviction of Ambika Prasad u/s 307, United Provinces Municipalities Act 1916, should be set aside. It is necessary in order to understand the matter to set forth certain facts. Ambika Prasad made an application to the Municipality on 27th April 1931 that he should be allowed to erect a certain building. He received no reply for three months and then issued a registered notice to the Board under the provisions of Section 180(3) of the Act. According to him he thereupon waited 14 days and having received no reply proceeded to put up the building. On the other side it is alleged that he had already put up the building before 27th April 1931 and that he had already been reported for having done so and that a prosecution had been launched against him. These are questions of fact into which I do not propose to enter. I mention them merely because it has been argued that Ambika Prasad has been very badly treated by the Municipal Board.

2. The first prosecution failed because the Municipal Board did not put in an appearance. The Board then issued a notice u/s 186 of the Act on 13th October 1931 that t