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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 1778-1779 OF 2012 (@ SPECIAL LEAVE PETITION(CRL.)NOS.1122-1123 OF 2012)

PANNALAL RADHAKRISHNA PODDAR             APPELLANT

VERSUS DINKAR RAI & ORS.                        RESPONDENTS

O R D E R

1. Leave granted.

2. These appeals are directed against the interim  order passed by the High Court of Judicature at Bombay  in Criminal Writ Petition No. 681 of 2011, dated 16th  

August, 2011 and 9th September, 2011.

3. Tenant’s Writ Petition before the High Court:  The High Court while entertaining the Writ Petition, by  way of an interim order has permitted the tenant to  make an application before the Municipal Corporation of  Greater  Bombay  (respondent  no.3-herein)  for  regularization of the unauthorized construction alleged  to have been carried out by the respondent/ tenant and  further has directed that the prosecution proceedings  

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initiated  by  the  landlord  against  the  respondent/  tenant for having made the unauthorized construction,  be stayed, till further orders.  Being aggrieved by  this portion of the order passed by the learned Judge,  the appellant is before us in these civil appeals.

4. The  instant  case  has  a  checkered  history.  Allegations and counter allegations are being made by  the  landlord  and  the  tenant  towards  each  other.  However,  we  are  not  inclined  to  go  into  all  those  aspects of the matter while deciding these appeals.

5. The tenant has approached the High Court, being  aggrieved  by  the  orders  passed  by  the  learned  Magistrate in issuing summons to face the trial on the  complaint filed by the landlord,  inter alia,  alleging  that the respondent/tenant has made the unauthorized  construction on the tenanted premises.  Being aggrieved  by the order so passed, the tenant has approached the  High Court for seeking certain reliefs.  The learned  Single Judge, while granting interim relief, has stayed  all the prosecution proceedings against the tenant.  In  our opinion, such relief should not have been granted  

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in  a  matter  of  this  nature  and  therefore,  we  take  exception to the order passed by the High Court.   

6. Accordingly, we set aside that portion of the  order, where the High Court has stayed the prosecution  proceedings against the tenant in question.

7. Since the Writ Petition is still pending before  the High Court, we hope and trust that the High Court  will make all efforts to decide the dispute between the  parties  as  expeditiously  as  possible.   All  the  contentions of both the parties are left open.

8. The  Criminal  Appeals  are  disposed  of  accordingly.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; NOVEMBER 05, 2012.  

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