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High Court of Judicature at Bombay Considers Criminal Application Challenging Issuance of Process Under MMC Act. Applicant Questions Legality of JMFC Order Issuing Process in Complaint Filed by MCGM.

High Court: Bombay High Court Bench: BOMBAY
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2026-10-28 05:47:47
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Issue of Consideration

CRIMINAL APPLICATION NO.409 OF 2025

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Case Details

2025 LawText (BOM) (06) 65

Criminal Application No. 409 of 2025

2025-06-17

Madhav J. Jamdar

Ms. Priti Rita, Dr. Samarth Shrikant Karmarkar, Ms. P.P. Bhosale, Mr. P.P. Chavan

M/s. Bob Capital Markets Ltd. (Through Authorized Representative, Mr. Ajit Joshi)

The State of Maharashtra & Anr. (Respondent No.2-BMC)

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Nature of Litigation

Criminal application challenging issuance of process under MMC Act

Remedy Sought

Applicant seeks to set aside the order issuing process

Filing Reason

Applicant aggrieved by the issuance of process

Previous Decisions

JMFC, 39th Court, Vile Parle, Mumbai issued process under MMC Act on 23rd September 2024

Judgment Excerpts

The Applicant by way of this Criminal Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) has inter alia challenged the Order dated 23rd September 2024 passed by the learned JMFC, 39th Court, Vile Parle, Mumbai below Exhibit-1 in C.C. No. 4894/SS/2024 (“said Complaint”) issuing process under Section 394 punishable under Section 471 of the Mumbai Municipal Corporation Act, 1888 (“MMC Act”). The said Complaint has been filed by the Municipal Corporation of Greater Mumbai (MCGM) under Section 394(1)(e)(i) r/w Section 471 of the MMC Act.

Procedural History

Applicant filed Criminal Application No. 409 of 2025 under Section 528 BNSS challenging JMFC order dated 23 September 2024 issuing process in Complaint No. 4894/SS/2024 under Section 394(1)(e)(i) r/w Section 471 MMC Act.

Acts & Sections

  • Mumbai Municipal Corporation Act, 1888: Section 394, Section 471
  • Bharatiya Nagarik Suraksha Sanhita, 2023: Section 528
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Criminal Application BNSS MMC Act issuance of process Bombay High Court Mumbai Municipal Corporation

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