CHOUGULE M K Vs. VINODKUMAR V KANABAR

JUDGEMENT

(1.) LEAVE to amend. Amendment to be carried out forthwith.

(2.) THIS writ petition is filed by the three officers of the B. M. C. working as Assistant Engineers and Ward Officer challenging the order dated 17-4-1995 passed by the learned Metropolitan Magistrate, 17th Court, Mazgaon, Bombay disallowing the B. M. C. Law Officer from appearing in the said case and defending the petitioners who are accused in that case and also in other cases.

(3.) THE respondent No. 1 complainant filed the above prosecution in the Magistrates Court for offences, inter alia, under sections 217, 218 and 220 of Indian Penal Code for having disobeyed the direction of law, in other words the officers had failed in their duty cast on them under the provision of the B. M. C. Act and particularly under sub-section 2 of section 324 of the B. M. C. Act as they did not take action against the person who had dug up the streets and roads, by reinstating them after the work was completed. By way of public interest litigation the aforesaid complaint was filed by the respondent No. 1 complainant.