from the Municipal Commissioner for Greater
Mumbai, on 13/8/08�. This statement in the
complaints, in our view, does not on its own
constitute an offence. Surprisingly, the
Metropolitan Magistrate also does not appear to
have applied his mind. A stamp is affixed on
the complaints which reads, �Issue Summons u/s
394(1)(e)(i) Return on 1/12/08�. It appears
that the Metropolitan Magistrate has put his
signature after the affixation of the stamps on
the complaints. Metropolitan Magistrates are
not just stamps to be affixed on complaints.
When a complaint is made to a Metropolitan
Magistrate, he is supposed to apply his mind
and record at least the satisfaction that it
was a case in which summons had to be issued.
Even in the counter affidavit which has been
filed in this Court, in para 9 (at page 32)
thereof it has been stated that an office is
run in a premises of about 20,000 sq.ft.,
having 85 persons in its employment, it would
not be unusual that the office maintains a tea
and coffee machine and if tea and coffee are
offered to the employees and guests, that would
not constitute it to be a catering shop. For
these reasons, we find that since the
complaints do not disclose any offence,
therefore, this process cannot be allowed to
