D V SHETTY BEING THE HEAD ADMINISTRATION OF CITICORP INFORMATION Vs. BOMBAY MUNICIPAL CORPORATION H Y NAIR BEING JR ENGINEER OF BOMBAY

JUDGEMENT

(1.) THE petitioners are hereby assailing correctness, propriety and legality of the order passed by 39th Court of Metropolitan Magistrate Vile Parle in Court Case No. 19717/m of 1988, whereby the learned Magistrate took cognizance of the complaint, which was filed by Shri R. S. Chavan, Legal Assistant, Bombay Municipal Corporation alleging that the petitioner has committed the offence punishable under Section 390 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as Act for convenience) and initiated criminal prosecution against the petitioner. He prayed for quashing the said proceeding.

(2.) THE petitioners are having an office at Subhash B Road. National Plastic Premises, Vile Parle (East), where there are according to the case of the complainant, conducting Computer software with motor/engine in electric power with total 400 aggregate H. P.

(3.) ACCORDING to the case of the Corporation the petitioner is having 190 Computers kept in the premises, which is having A. C. plant. There were 80 persons from the staff members, who were operating those computers on the relevant date. According to the case of the Corporation, the said unit was using 400 H. P. of electricity. He was not having a permit in view of provisions of Section 390 of the Act.