Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1778-1779 OF 2012
(@ SPECIAL LEAVE PETITION(CRL.)NOS.1122-1123 OF 2012)
PANNALAL RADHAKRISHNA PODDAR APPELLANT
VERSUS
DINKAR RAI & ORS. RESPONDENTS
O R D E R
1. Leave granted.
2. These appeals are directed against the interim
order passed by the High Court of Judicature at Bombay
th
in Criminal Writ Petition No. 681 of 2011, dated 16
th
August, 2011 and 9 September, 2011.
3. Tenant’s Writ Petition before the High Court:
JUDGMENT
The High Court while entertaining the Writ Petition, by
way of an interim order has permitted the tenant to
make an application before the Municipal Corporation of
Greater Bombay (respondent no.3-herein) for
regularization of the unauthorized construction alleged
to have been carried out by the respondent/ tenant and
further has directed that the prosecution proceedings
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initiated by the landlord against the respondent/
tenant for having made the unauthorized construction,
be stayed, till further orders. Being aggrieved by
this portion of the order passed by the learned Judge,
the appellant is before us in these civil appeals.
4. The instant case has a checkered history.
Allegations and counter allegations are being made by
the landlord and the tenant towards each other.
However, we are not inclined to go into all those
aspects of the matter while deciding these appeals.
5. The tenant has approached the High Court, being
aggrieved by the orders passed by the learned
Magistrate in issuing summons to face the trial on the
complaint filed by the landlord, inter alia, alleging
JUDGMENT
that the respondent/tenant has made the unauthorized
construction on the tenanted premises. Being aggrieved
by the order so passed, the tenant has approached the
High Court for seeking certain reliefs. The learned
Single Judge, while granting interim relief, has stayed
all the prosecution proceedings against the tenant. In
our opinion, such relief should not have been granted
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in a matter of this nature and therefore, we take
exception to the order passed by the High Court.
6. Accordingly, we set aside that portion of the
order, where the High Court has stayed the prosecution
proceedings against the tenant in question.
7. Since the Writ Petition is still pending before
the High Court, we hope and trust that the High Court
will make all efforts to decide the dispute between the
parties as expeditiously as possible. All the
contentions of both the parties are left open.
8. The Criminal Appeals are disposed of
accordingly.
Ordered accordingly.
JUDGMENT
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
NOVEMBER 05, 2012.
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