Ram Nagar Development Corporation And ORS v. Dhirajlal P. Desai And ANR

Tilak 1/3 APL-504-505-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.504 of 2014 WITH CRIMINAL APPLICATION NO.505 OF 2014 Ram Nagar Development Corporation and others .. Applicants

Versus

Dhiraj P. Desai and Anr .. Respondents --- Mr.Subodh Desai with Mr.Hrishikesh Chavan for the applicants. Mr. Yashpal Thakur i/b PKA Advocates for respondents. Mrs.M.R.Tidke, APP for the Respondent State.

--- CORAM : ABHAY M. THIPSAY, J.

DATED : 3rd SEPTEMBER, 2015 --- P.C. :

These applications which were kept along with Criminal Writ Petition No.830/14 were not separately argued. It was decided, by consent, that they shall be governed by the outcome of the Writ Petition No.830/14.

Though a number of challenges have been raised to the impugned order, in the course of hearing, it was submitted that the challenge to the impugned order was kept confined only to the territorial jurisdiction of the learned Magistrate.

Tilak 2/3 APL-504-505-14 Since the contentions with respect to the territorial jurisdiction have already been decided by the order passed in the Writ Petition No.830/14, the issue raised in the present applications stands concluded.

It cannot be said that the Addl. Chief Metropolitan Magistrate, 47th Court, Esplanade, lacks territorial jurisdiction to entertain the complaints and to try the alleged offences. In view of this, the Applications are dismissed. (ABHAY M. THIPSAY, J)

Tilak 3/3 APL-504-505-14 C E R T I F I C A T E Certified to be true and correct copy of the original signed Judgment/Order.