Municipal Corporation Of Greater Bombay v. Shrikrishna Varadraj Acharya And ANR.

201. Apeal 1426 of 2004.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1426 OF 2004 Municipal Corporation of Greater Bombay ...Appellant vs.

Shrikrishna Varadraj Acharya and Anr.

...Respondents

***** Ms. Madhuri More - Advocate for the Appellant-MCGM Mr. S. K. Dubey - Advocate for the Respondent No. 1 Mr. Y. Y. Dabke - APP for the State ***** CORAM :S. M. MODAK, J.

DATE :

10th JANUARY, 2023 P. C. :- 1.

Heard learned Advocate for the Appellant-Corporation and learned APP for the Respondent-State.

2.

The Respondent-accused is acquitted for the offence punishable under Section 351 read with Section 475A(1)(b) of the Maharashtra Municipal Corporation Act.

3.

The Division Bench of this Court by order dated 26th April 2012 in the case of The State of Maharashtra Vs. Devidas Nivrutti Gavali and Anr. in Criminal Application No. 508 of 2012 has made SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date:

2023.01.12 10:41:13 +0530 Seema 1/2

201. Apeal 1426 of 2004.doc observations about filing of Appeal without merits by the State Government. Those were general observations. In view of that the Appellant was directed to ascertain the status of the construction. After visiting the site, it was noticed that the Executive Engineer has approved basement plan on 31st March 2004.

4.

Learned Advocate Ms. More for the AppellantCorporation has also filed an affidavit dated 04th January 2023 of the Assistant Engineer. The same is taken on record and marked as Annexure-'X'.

5.

In view of that nothing survives in this Appeal. Appeal is disposed of accordingly.

[S. M. MODAK, J.] Seema 2/2