DELHI DEVELOPMENT AUTHORITY Vs. VANDANA GUPTA

JUDGEMENT

(1.) This appeal is at the instance of the Delhi Development Authority (for short, "the DDA") and is directed against the impugned order dtd. 7/1/2010 passed by the High Court of Delhi in the Criminal Leave Petition No. 83 of 2007 filed by the appellant by which the High Court declined to grant leave to appeal against the judgment and order of acquittal passed by the trial court in the Criminal Case No. 103 of 2002 on the file of the Metropolitan Magistrate, New Delhi.

(2.) It appears from the materials on record that a complaint came to be lodged by the appellant - DDA against the company by name - M/s Dhampur Alco Chem. Ltd. (original accused No.1) and four of its Directors. The complaint was lodged under Sec. 14 read with Sec. 29 (2) of the Delhi Development Act, 1957 (for short "Act, 1957"). It is the case of the appellant - DDA that the company and its directors started using the premises bearing House No. 24 situated at School Lane, Bengali Market, New Delhi, contrary to the purpose for which the original plan was sanctioned. To put the accused persons for trial, sanction was also obtained under Sec. 49 of the Act, 1957 vide order dtd. 27/2/2002. The Metropolitan Magistrate took cognizance upon the complaint lodged by the appellant - DDA, which ultimately came to be registered as the Criminal Case No. 103 of 2022. In the trial, the company and two of its directors came to be convicted for the alleged offence, whereas the respondents came to be acquitted.

(3.) The appellant - DDA, feeling aggrieved by the order of acquittal passed by the trial court, went to the High Court and prayed for leave to appeal under Sec. 378 (4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."). The High Court declined to grant leave.