Case Note & Summary
The appellant, Kalidas Jamadar Sable, was the Sarpanch of Grampanchayat Shivthar, District Satara. He filed a complaint against respondent No.1, Mugutrao Balwant Sable, in the Court of Joint Judicial Magistrate, First Class, Satara, alleging that on 28/6/1992 and 30/6/1992, respondent No.1 encroached upon Grampanchayat land and erected a structure without obtaining requisite permission. It was further alleged that respondent No.1 committed public nuisance by encroaching upon a public road belonging to the Grampanchayat and committed misconduct by erecting a shed on the public road. The complaint was filed under sections 52(4) and 53(2) of the Maharashtra Gram Panchayat Act, 1958. The trial court acquitted respondent No.1. The appellant appealed against the acquittal. The appeal was pending for 10 years. On the date of hearing, neither the appellant nor respondent No.1 appeared. The court perused the trial court judgment and evidence. The court noted that the appellant had not led any evidence to prove that respondent No.1 had erected a structure without permission or that the land belonged to the Grampanchayat. The trial court had correctly held that the complainant failed to prove the offence. The court found no merit in the appeal and dismissed it. The court also noted that the appeal was pending for a long time and the appellant had not shown any interest in prosecuting it.
Headnote
A) Criminal Procedure - Appeal against acquittal - Dismissal for default - Non-appearance of appellant - The appellant and respondent No.1 remained absent; court proceeded to decide on merits after perusing trial court judgment and evidence - Held that in absence of prosecution, appeal cannot be allowed (Paras 2-6).
B) Gram Panchayat Act - Encroachment - Sections 52(4), 53(2) - Public nuisance - Allegation of encroachment on Grampanchayat land and public road - Complainant failed to prove that respondent No.1 erected structure without permission or caused public nuisance - Held that trial court's acquittal was correct as evidence did not establish offence (Paras 4-6).
Issue of Consideration
Whether the appeal against acquittal under sections 52(4) and 53(2) of the Maharashtra Gram Panchayat Act, 1958 should be allowed when the appellant and respondent No.1 are absent and the evidence does not support the allegations.
Final Decision
Appeal dismissed. The judgment and order of the trial court acquitting respondent No.1 is confirmed.
Law Points
- Burden of proof on complainant
- Dismissal for default
- Non-appearance of appellant
- Sufficiency of evidence
Case Details
2005 LawText (BOM) (02) 226
Criminal Appeal No.230 of 1994
Mr. D.P. Adsule, APP for the State
Shri Kalidas Jamadar Sable
Mugutrao Balwant Sable, The State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against acquittal under sections 52(4) and 53(2) of the Maharashtra Gram Panchayat Act, 1958.
Remedy Sought
Appellant sought conviction of respondent No.1 for encroachment and public nuisance.
Filing Reason
Appellant alleged that respondent No.1 encroached upon Grampanchayat land and erected a structure without permission, and committed public nuisance by encroaching on a public road.
Previous Decisions
Trial court acquitted respondent No.1.
Issues
Whether the appeal against acquittal should be allowed when the appellant and respondent No.1 are absent and evidence does not support the allegations.
Submissions/Arguments
Appellant did not appear; no submissions made.
Respondent No.1 did not appear.
State represented by APP but no specific arguments recorded.
Ratio Decidendi
In the absence of the appellant and respondent No.1, and upon perusal of the trial court record, the evidence did not establish that respondent No.1 committed any offence under sections 52(4) and 53(2) of the Maharashtra Gram Panchayat Act, 1958. The appeal lacked merit and was dismissed.
Judgment Excerpts
None for the appellant. None for the respondent No.1.
This appeal is pending in this Court for last 10 years.
Brief facts are as follows :-
Appellant is Sarpanch of Grampanchayat Shivthar, District Satara.
A complaint was filed by the appellant against the respondent No.1 - accused in the Court of Joint Judicial Magistrate, First Class, Satara.
It is the grievance of the complainant that on 28/6/1992 and 30/6/1992, respondent No.1, without obtaining requisite permission of the Grampanchayat encroached upon the land of the Grampanchayat and erected a structure on the said plot.
It was also alleged in the complaint that the respondent No.1 had committed an offence of public nuisance by encroaching upon the public road which belonged to the Grampanchayat.
It was also alleged that he had committed misconduct by erecting shed on the public road.
A complaint, therefore, was filed under section 52(4), 53(2) of the Maharashtra Gram Panchayat Act, 1958.
The trial court acquitted the respondent No.1.
The appellant has not led any evidence to prove that the respondent No.1 had erected a structure without permission of the Grampanchayat or that the land belonged to the Grampanchayat.
The trial court has correctly held that the complainant failed to prove the offence.
There is no merit in this appeal.
Appeal is dismissed.
Procedural History
Complaint filed by appellant in the Court of Joint Judicial Magistrate, First Class, Satara under sections 52(4) and 53(2) of the Maharashtra Gram Panchayat Act, 1958. Trial court acquitted respondent No.1. Appellant filed Criminal Appeal No.230 of 1994 in the High Court of Judicature at Bombay. Appeal was pending for 10 years. On 7th February 2005, the High Court heard the appeal and dismissed it.
Acts & Sections
- Maharashtra Gram Panchayat Act, 1958: 52(4), 53(2)
