In Re: The Corporation of Calcutta

The Municipal Magistrate refers to us under the provisions of sec. 432 of the Code of Criminal Procedure the question whether having regard to the provisions of sec. 631, sub-sec. (1) of the Calcutta Municipal Act 1899 "Cases under sec. 449 should not be brought within three months of the completion of the building or the portion of the building to which the case relates." We are of opinion that sec. 631, sub-sec. (1) has no application to proceedings taken under sec. 449of the Act. By its turns it applies only to complaints made before a Magistrate in order to the punishment of a person for an offence against the Act or any rule, bye-laws or regulation made under the Act. Sec. 449 provides for applications to be made to a Magistrate by the general committee in order to the issue of an order directing the demolition or alteration of work which has been unlawfully executed under certain circumstances. Proceedings under that section are not instituted on "complaint" nor is the demolition of unlawfully executed work a "punishment" within the meaning of sec. 631, sub-sec. (1).