( 1 ) THIS is an appeal by special leave under Section 417 (3) of the Code of Criminal procedure, from an order of acquittal.

( 2 ) RAJENDRA Singh (respondent) was prosecuted for an offence under Section 187 (8) of the M. P. Municipalities Act, 1961. The case against him was that he constructed a double storeyed building without obtaining sanction from the municipality as required by the law and this constituted an offence.

( 3 ) A complaint was filed by the Administrator of the Municipal Committee, bhander, before the Magistrate First Class, Datia-Bhander. The learned Magistrate ordered discharge of the accused who had been summoned on the said complaint. He says :--"nowhere a Magistrate is empowered to impose fine for construction done by accused without permission of the Municipality under Section 187 of the Act. The municipality can impose the requisite fine and can recover the amount of fine so imposed on an application made to the magistrate. But the Magistrate himself cannot impose any fine for unlawful construction. Thus I discharge the accused. " it is clear from this order that the Magistrate thinks that under Section 187 (8) of the Act, when any person is