CRM-A No.569-MA of 2009 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM-A No.569-MA of 2009 Date of Decision:-15.11.2010 Municipal Committee, Safidon. ......Appellant. Versus Secretary Market Committee Safidon, Jind. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- None for the Appellant. *** JASWANT SINGH, J (ORAL) Prayer is under Section 378(5) of the Code of Criminal Procedure for grant of leave to appeal against the judgment of acquittal dated 06.07.2009 passed by the learned Sub Divisional Magistrate, Safidon, Jind. The appellant Municipal Committee, Safidon had issued notices to the respondent under Section 208 of the Haryana Municipal Act for raising unauthorised construction(without prior sanction) of two sheds of 4000 square yards in New Anaj Mandi, Safidon. On the basis of evidence it was found by the learned trial court that the complainant- Municipal Committee had never made any authentic enquiry regarding the unauthorised construction of two sheds of 4000 square yards in New Anaj Mandi, Safidon. It was found that the site plans of the unauthorised CRM-A No.569-MA of 2009 # 2# construction were not prepared by the enquiry team instead prepared in the office of the complainant. It was also found that the complainant had failed to prove their case against the respondent accused under Section 208 of the Haryana Municipal Act, 1973. It was also established that the Municipal Committee in view of the provisions of Punjab Agricultural Produce Markets Act, 1961 did not partition any area of New Anaj Mandi, Safidon and ceases to have jurisdiction over that over two sheds of 4000 square yards in New Anaj Mandi, Safidon in question in the absence of any specific notification in favour of the Municipal Committee to any area of Anaj Mandi, Safidon. It was also found that the Municipal Committee had not provided any facilities in the area so as to be concerned with the development of the area. Hence it was established that the committee had no jurisdiction to issue notice under Section 208 of Haryana Municipal Act, 1973. None has caused appearance on behalf of the appellant today, nor compliance of orders dated 04.12.2009 and 16.03.2010 passed by this court has been made till date despite last opportunity vide which the appellant was to place on record the statements of CW-1, CW-2 and CW-3. In view of the above facts this court does not deem it appropriate to differ with the reasoning given by learned Sub Divisional Judicial Magistrate and moreso when there is no material available on record to upset the findings of acquittal into conviction. Accordingly the prayer for grant of leave to appeal is declined and the petition is dismissed. ( JASWANT SINGH ) JUDGE 15th November, 2010 Vinay