Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mumbai Municipal Corporation Act, 1888 (3 of 1888) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – ss.482, 378 – Complaint filed by appellant-corporation under s.354 r/w s.475A(1)(a) of the MMC Act – Magistrate refused to take cognizance of the complaint on the ground that complaint was time barred – On appeal, High Court made adverse observations on the merit of the case, however, dismissed the appeal granting liberty to the appellant to file appropriate proceeding holding that its jurisdiction was incorrectly invoked under s.378 (4) of CrPC – Appellant filed writ petition which was dismissed on the ground that liberty granted to file appropriate proceedings did not grant right to the litigant to agitate the same order which has attained finality – Held: High Court was not correct in dismissing the case on the threshold without holding a full-fledged enquiry into the issues raised thereunder – High Court having concluded in earlier order that a case is not maintainable under s.378, did not have jurisdiction to make further observations on merits as was done in this case – Moreover, it was not necessary for the High Court in the earlier order to travel beyond the issue of ascertaining whether a dismissal of complaint on the ground of delay amounted to acquittal in order to invoke the jurisdiction under s.378 – The observations of the High Court on the interplay of CrPC and MMC Act and its implication on the facts were not necessary for the jurisdictional issue – Despite a specific jurisdictional issue present, High Court gave a finding on merits – Such finding cannot be treated as res judicata as it was purely auxiliary or non-foundational to the main issue in the earlier order – Such observation can neither be said to have a preclusive effect nor can it be said to have attained finality – Accordingly, the impugned order passed by the High Court is set aside – Mumbai Municipal Corporation Act, 1888 – s.354. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 52 |
Petitioner | Municipal Corporation Of Greater Mumbai |
Respondent | Pankaj Arora (secretary) And Others |
SCR | [2018] 1 S.C.R. 609 |
Judgement Date | 2018-01-23 |
Case Number | 164 |
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