Rajaram Hanuman Yadav vs. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1808 OF 2005

Rajaram Hanuman Yadav & Anr. ...Petitioners Vs. The State of Maharashtra & Ors. ...Respondents Shri. S.M. Oak for the Petitioners. Shri. R.S. Apte A.P.P. for the Respondent No.2.

CORAM : A. S. OKA, J. DATE : AUGUST 31, 2005.

P.C.:

1. Heard the advocate appearing for the Applicants. I have also heard the advocate appearing for the Respondent No.2 which is the Planning Authority.

2. The Advocate for the Respondent No.2 on instructions stated that the Respondent No.2 has not granted any sanction for prosecution as contemplated by Section 142 of the Maharashtra Regional and Town Planning Act, 1966. He has placed on record a copy of complaint dated 30th May, 2005 filed by the Respondent No.2 with the concerned Police Station. The said complaint is as regards commission of offence under section 52 of the said Act of 1966 against the developer and the architect. The learned A.P.P. to take instructions whether any steps are taken by the concerned Police Station on the basis of the complaint dated 30th May, 2005. Stand over till 12th September, 2005. Till next date the Applicants shall not be arrested on the basis of complaint made by the Respondent No.2.

JUDGE