1. The appellant Nagar Paliak Parishad, Morena has filed this criminal appeal under section 378 CrPC against the judgment dated 2.8.1999 passed by the Chief Judicial Magistrate, Morena in Criminal Case No. 541/89, whereby acquitted the respondent from the charges under section 187 (8) and 223 of the Municipalities Act.

2. Nagar Palika Parishad, Morena filed a complaint before the Chief Judicial Magistrate, Morena under section 187 (8) and 223 of the Municipalities Act, 1961, in which it was mentioned that the respondent has made encroachment over the land of the Nagar Palika and has raised construction without obtaining permission from the Nagar Palika and has constructed three shops on the land reserved for foot-path and drain. The trial Court acquitted the respondent and dismissed the complaint on the ground that the Municipality has failed to prove that the open land belongs to the Municipality, nor has examined Yogendra Prasad, Sub Engineer, who had taken the measurement on spot, nor has produced any documentary evidence about ownership on record and after giving benefit of doubt acquitted the respondent against which appellant Municipality has filed this appeal