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1978 (9) TMI 168 - SC - Indian LawsWhether the prosecution was instituted in the instant case within six months next after the commission of the offence as required by S. 533 of the Act? Held that:- The offence charged against the respondent consists, not in the erection of an obstruction by him, but in his failure to comply with the direction lawfully given to him to remove that obstruction; that the offence must be deemed to have been committed by the respondent, if at all, not on the date of the notice viz. December 5, 1967 nor on any anterior date but on the expiry of the period permitted to him for removing the obstruction viz. on the expiry of fifteen days after the receipt of notice; and that, the expression "six months" which occurs in S. 533 of the Act means six calendar months and not 180 days. For these reasons we set aside the judgment of the High Court and send back the case to the learned Magistrate for disposal in accordance with law.
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