Law: Municipal Administration Ordinance, (X of 1960)

Section: 118

Law: Criminal Procedure Code (V of 1898)

Section: 263

(a) Municipal Administration Ordinance (X of 1960), --S.118--Jurisdiction-Magistrate taking cognizance of offence under Ordinance on complaint not made by Chairman or any other person specially authorised by Municipal Committee-Without jurisdiction --Conviction, held, illegal and not maintainable. (b) Criminal, Procedure Code (V of 1898), ---S. 263-Summary trial-Trial Magistrate mentioning only charge and not evidence or names of witnesses in column No. 10 relating to summary of evidence for prosecution-Trial, held, not proper and conviction set aside.   JUDGMENT As a result of a summary trial by Mr. G. M. Mansoor, learned Magistrate, Lyallpur, the petitioner has been convicted under section 116 of Municipal Administration Ordinance, 1960 and sentenced to a fine of Rs. 150. His appeal having bee dismissed by the learned Sessions Judge on 2nd October 196: this is a revision petition. 2. Mr. C. R. Aslam, the learned counsel for the petitioner has relied on section l18 of the Ordinance to contend that a offence punishable under section 116 can be taken cognizance by a Magistrate only on a complaint in writing received from the Chairman of, or a person generally or specially authorised, by the Municipal Committee, in this behalf. Section 116 general punishes the offences under the Ordinance while section 115 defines the offences. The detailed definition of offences is in the Second Schedule of the Ordinance, wherein item No. 7, reads as follows: "making an encroachment on any public road, public street Committee or public place without the sanction of the Municipal Committee. " The learned counsel has further contended that the learned Magistrate,, in column No. 10 relating to summary of evidence for prosecution, if any, has mentioned only "had a tal of wood in the middle of the road". This, according to the learned counsel, is not sufficient compliance with the procedure for the trial of summary cases. No evidence is mentioned against that column. Only the charge has been mentioned. 3. There is force in both the contentions of the…