Court No. - 66
Case :- APPLICATION U/S 378 No. - 42 of 2005 Applicant :- Cantonment Board Thru E.O. Opposite Party :- State Of U.P. And Another Counsel for Applicant :- C.B. Gupta Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard Sri C.B. Gupta, learned counsel for the applicant, learned A.G.A. for the State and perused the impugned judgment and order.
The instant criminal appeal has been filed against the judgment and order dated 15.6.2005 passed by learned Special Judicial Magistrate, Agra in Case No. 2025 of 2003 (Cantonment Board vs. Jaswant Singh), under Section 184 of the Cantonment Act, P.S. Sadar Bazar, Agra, whereby the opposite no.2 has been acquitted.
Learned counsel for the applicant has argued that, though, the applicant has proved the case under Section 184 of Cantonment Act against opposite party no.2, yet the trial court has illegally acquitted the opposite party no.2 on the basis of misreading of evidence.
In brief, the prosecution case is that the opposite party no.2 was working as Junior Engineer in Cantonment, Agra and he was getting illegal construction on the Eastern side of his banglow on 27.10.1997. The complaint was filed on 27.7.1998. The prosecution has examined only one witness namely Sanjay Singh, Junior Engineer and besides him no other evidence was produced by the prosecution despite giving sufficient opportunity to them. The learned Magistrate while acquitting the opposite party no.2 has recorded that neither any independent witness has been produced nor any such reliable evidence has been placed on record that illegal construction was being done by opposite party no.2 in violation of the provisions of Cantonment Act.
I do not find any infirmity or illegality in the impugned judgement and order dated 15.6.2005 passed by learned Special Judicial Magistrate, Agra. No interference is warranted.
The present criminal misc. leave to appeal application is, accordingly, rejected and consequently the criminal appeal also stands dismissed.
Order Date :- 29.5.2019 Vikas