Municipal Corporation Greater Bombay v. Mahavir Bhanwarlal Jain And ORS

12-ALP-437-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.437 OF 2017 MUNICIPAL CORPORATION GREATER ) BOMBAY )...APPLICANT V/s.

MAHAVIR BHANWARLAL JAIN AND ORS.

)...RESPONDENTS Mr.Mohit Jadhav a/w. Kamal Waghmare i/b. Jernald Xavier, Advocate for the Applicant.

Mr.Y.M.Nakhwa, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

13th DECEMBER 2017 P.C. :

Heard the learned advocate appearing for the applicant at sufficient length of time. Perused the Record and Proceedings made available. I have also perused the impugned judgment and order of acquittal recorded by the Metropolitan Magistrate, Mumbai. I am of the considered opinion that the learned trial court has examined all aspects of the matter and adjudicated that the evidence adduced by the prosecuting agency avk 1/2

12-ALP-437-2017.doc is not sufficient to bring home the guilt of the accused for the offence under Section 381 punishable under Section 471 of the Mumbai Municipal Corporation Act, 1888. Hence, I see no reason to interfere with the impugned judgment and order of acquittal. The application is, therefore, rejected.

(A. M. BADAR, J.) avk 2/2