Supreme Court of India · 2018-01-23
MUNICIPAL CORPORATION OF GR. MUMBAI vs PANKAJ ARORA (SECRETARY)
- Citation / case number
- SC 2017/4241
- Court
- Supreme Court of India
- Petitioner
- MUNICIPAL CORPORATION OF GR. MUMBAI
- Respondent
- PANKAJ ARORA (SECRETARY)
- Author
- N.V. RAMANA
- Bench
- HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court held that the dismissal of the appellant's writ petition by the High Court was erroneous as it misconstrued the liberty granted under Section 378(4) of the CrPC. The Court emphasized that the High Court had the jurisdiction to examine the validity of the Metropolitan Magistrate's order dismissing the complaint under Section 354 and Section 475A(1)(a) of the Mumbai Municipal Corporation Act, 1888. The appeal was allowed, and the matter was remanded for reconsideration by the High Court.