CrA dismissed the application for leave to appeal. The court held that no case was made out as the principle of double jeopardy applied due to a prior police complaint on similar facts, and the magistrate had cogent reasons for acquittal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2351 OF 2008 (For leave to appeal) IN
CRIMINAL APPEAL NO. OF 2008
Mumbai Municipal Corporation
..... Applicant.
V/s
Haji Bismilla Choudhary & ors.
...... Respondents.
Ms Teja Katdarey i/b S.H. Uhainwala & Uday Kedar for the applicant. Mr. Rajesh More, APP for the State.
CORAM: V.M. KANADE, J. DATE: 3rd October, 2008
P.C.:
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Corporation. The Trial Court has rightly observed that the principle of double jeopardy would be applicable in the facts and circumstances of the present case. Apart from that, the Magistrate has given cogent reasons and has observed that the Corporation has not established that the structure in question was unauthorized. No case therefore is made out for grant of leave. Leave is accordingly refused. Appeal does not survive.
1 issue framed by the court
Whether leave to appeal should be granted challenging an acquittal.
Mumbai Municipal Corporation
Haji Bismilla Choudhary
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
