TMI Blog1982 (12) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT : PAZAL ALI, J. This appeal by special leave is directed against a judgment dated 5.3.1980 of the Delhi High Court by which the High Court quashed the proceedings taken by the Municipal Corporation of Delhi against respondent Nos. I to 11. This is a case where the facts are almost identical with the facts of Criminal Appeal No. 701 of 1980 which we have decided today, with a vital ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1980, quashed the proceedings against respondent Nos. I to 11. We have already dealt with the law on the subject in our decision in criminal appeal No. 701 of 1980, a copy of which is placed on the file of this case The relevant allegations against the accused-respondents are to be found in para S of the complaint which may be extracted thus: 5, That accused Ram Kishan Bajaj is the Chairman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment has been made regarding the active role played by the respondents and the extent of their 1 liability. In this view of the matter, it cannot be said that para 5 of the complaint is vague and does not implicate respondents I to 11. As to what would be the evidence against the respondents is not a matter to be considered at this stage and would have to be proved at the trial. We have already he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which it should have exercised its discretion under s. 482 of the Code of Criminal Procedure, 1973 in order to quash the proceedings against the accused-respondents. For these reasons, therefore, we allow this appeal, set aside the judgment of the High Court and restore that of the Metropolitan Magistrate as a result of which all the accused will now be summoned and placed for trial in acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
