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Bombay High Court

SNEHA S. TAWADEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The application is dismissed as infructuous because the notice on which the order was based has been withdrawn.

Summary

Sneha S. Tawade filed a criminal application challenging an order passed by a Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888. The challenge arose from a notice issued to her under Section 353A of the same Act. Respondent No.2, the Bombay Municipal Corporation, informed the Court that it intended to withdraw the impugned notice and would file a fresh application before the Magistrate. The Court considered that, with the withdrawal of the notice, there was nothing left to contest in the pending application. Accordingly, the Court disposed of the application as infructuous and ordered that all pending applications be dismissed.

Issues considered

  • Whether an application challenging an order under Section 471 of the MMC Act becomes infructuous when the underlying notice under Section 353A is withdrawn.

Legislation cited

Subjects

  • Municipal Corporation Act
  • Section 353A
  • Section 471
  • withdrawal of notice
  • infructuous application
  • Criminal Appellate Jurisdiction
  • BMC
  • High Court of Bombay

Judgment

                                                                                           1-APL-332-2019 (CR).doc



                             N.S.Kamble


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPLICATION NO. 332 OF 2019

                             Sneha S. Tawade                             ...Applicant
                             VERSUS
                             The State Of Maharashtra & Anr.             ...Respondents
                             ____________________________________________________________
                             Mr.Mahesh Kukreja a/w Mr.Salman Haidar Khan and Mr.Shivam Singh, for
          Digitally signed
          by NILAM           the Applicant.
NILAM     SANTOSH
SANTOSH   KAMBLE             Mr.M.G. Patil, APP for Respondent-State.
KAMBLE    Date:
          2026.05.05
          14:18:08 +0530     Mr.Anoop Patil a/w Mr.P.P. Chavhan i/b Ms.Komal Punjabi, for the
                             Respondent-BMC.
                             Mr.Jagannath Gavhane, AE-DP-R-II.
                             Mr.Rahul Ishi, SE-BD-R-5.
                             ____________________________________________________________
                                                               CORAM : SHIVKUMAR DIGE, J.
                                                               DATE           : 28th APRIL 2026

                             P.C. :

                             .            Heard learned counsel for the Applicant, learned APP and

                             learned counsel for Respondent No.2-Corporation.

                             2.           The learned counsel for Respondent No.2-Corporation tendered

                             copy of the instructions. It is taken on record.

                             3.           The learned counsel for Respondent No.2-Corporation further

                             submitted that the Respondent No.2 has decided to withdraw impugned

                             notice issued to the Applicant under Section 353A of the Mumbai

                             Municipal Corporation Act, 1888 (‘MMC Act’ for short) and Application


                                                                Page 1 of 2
                                                             1-APL-332-2019 (CR).doc



N.S.Kamble


will be filed in that regard before the learned Metropolitan Magistrate and

requested to pass appropriate order.

4.           The learned counsel for the Applicant, on submission of the

learned counsel for Respondent No.2 submits that, the Application be

disposed of accordingly since it has become infructuous as the Corporation

is going to withdraw the notice on which impugned order has been passed.

5.           Considering the submissions of both learned counsel, the

challenge in this Application is to the issue process order passed by the

learned Metropolitan Magistrate under Section 471 of the MMC Act. As

Respondent No.2 is going to withdraw the said notices, nothing survives in

this Application and I pass following order.

                                  ORDER

                (i)    The Application is disposed of as infructuous.

                (ii)   All pending Applications are disposed of.



                                                (SHIVKUMAR DIGE, J.)




                                  Page 2 of 2


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