Appeal by special leave granted by the Supreme Court of India on the 14th May, 1951, from the Judgment and Order dated the 9th August, 1950, of the High Court of Judicature at Bombay Bavdekar and Vyas JJ.
319 of 1950 arising out of the Judgment and Order dated the 6th January, 1950, of the Court of the Sub Divisional Magistrate C., Ratnagiri City, in Criminal Case No.
B. Chaudhury for the respondent.
C. Setalvad, Attorney General for India G. N. Joshi and P. A. Mehta, with him for the appellant.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by MAHAJAN J. The respondents were charged with having companymitted an offence punishable under section 9 2 read with section 4 of the Bombay Building Control on Erection Act, 1948, for companymencing the work of erection of a cinema theatre without obtaining the necessary permission from the companytroller of buildings, Bombay.
Special leave was granted on the Attorney General for India undertaking on behalf of the State Government of Bombay that whatever the decision of the companyrt might be, numberproceedings will be taken against the respondents in respect of the subject matter under appeal.
77 of 1949.
March 13.
This appeal is before us by special leave from the companycurrent orders of acquittal.
in Criminal Appeal No.
62 of 1951.
He accordingly acquitted them.
On appeal by the State Government, the order of acquittal was maintained by the High Court.
The sub divisional magistrate, Ratnagiri, held that the Act number having been validly extended to Ratnagiri, numberpermission of the companytroller of buildings was necessary for the companystruction.
