Case Note & Summary
The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 14.12.2012 passed by the learned Metropolitan Magistrate, 41st Court, Shindewadi, Dadar (East), Mumbai. The Magistrate had issued process against them for offences punishable under Sections 3(1), 3(3), 3(4) read with Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (the Act). The process was issued on a complaint lodged by the Municipal Corporation of Greater Mumbai (Respondent No.2). The complaint alleged that on 02.12.2012 at about 3:33 a.m., the officer of the Watch Room of Colaba Fire Station received a message from the Control Room to attend a fire call at the society. The petitioners contended that the complaint did not disclose that the prosecution was instituted with the previous sanction of the Commissioner as required under Section 36 of the Act. The court examined the provision of Section 36, which states that no court shall take cognizance of an offence under the Act except on a complaint made by or with the previous sanction of the Commissioner. The court found that the complaint lacked any averment or document showing such sanction. The respondents argued that the sanction was implicit, but the court rejected this contention, holding that the requirement is mandatory and a condition precedent. The court also noted that the petitioners had not been heard before the process was issued, but the main ground was the absence of sanction. Consequently, the court quashed the order issuing process and the proceedings in Case No.4100087/SW/2012 pending before the Metropolitan Magistrate. The rule was made absolute.
Headnote
A) Criminal Procedure - Quashing of Process - Section 482 CrPC - Sanction for Prosecution - Section 36 of Maharashtra Fire Prevention and Life Safety Measures Act, 2006 - The petitioners challenged the order issuing process for offences under Sections 3(1), 3(3), 3(4) r/w 36 of the Act. The court held that Section 36 mandates that no court shall take cognizance of an offence under the Act except on a complaint made by or with the previous sanction of the Commissioner. Since the complaint did not disclose such sanction, the process was quashed. Held that the requirement of sanction is a condition precedent and its absence renders the prosecution invalid. (Paras 1-5)
Issue of Consideration
Whether the issuance of process by the Magistrate without prior sanction of the Commissioner under Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 is valid.
Final Decision
The court quashed the order dated 14.12.2012 passed by the learned Metropolitan Magistrate, 41st Court, Shindewadi, Dadar (East), Mumbai in Case No.4100087/SW/2012 and all proceedings therein. Rule made absolute.
Law Points
- Prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1)
- 3(3)
- 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act
- 2006
- Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act
- Section 482 of the Code of Criminal Procedure
- 1973
- Article 227 of the Constitution of India
