Judgement

Mahajan J. - The respondents were charged with having committed an offence punishable under S. 9 (2) read with S. 4, Bombay Building (Control on Erection) Act, 1948 for commencing the work of erection of a cinema theatre without obtaining the necessary permission from the controller of buildings, Bombay. The Sub divisional Magistrate, Ratnagiri, held that the Act not having been validly extended to Ratnagiri, no permission of the controller of buildings was necessary for the construction. He accordingly acquitted them. On appeal by the State Government, the order of acquittal was maintained by the High Court. This appeal is before us by special leave from the concurrent orders of acquittal.

2. Special leave was granted on the Attorney-General of India undertaking on behalf of the State Government of Bombay that whatever the decision of the Court might be, no proceedings will be taken against the respondents in respect of the subject-matter under appeal. At the hearing of the appeal it was made plain by the learned Attorney- General that no adverse consequences will flow to the respondents or to their building being completed, by the acquittal order being pronounced as bad,