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2013 Supreme(Bom) 935

S.C.DHARMADHIKARI
Pishu Mulchand Mahtani – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:A.H.H. Ponda, Advocate.
For the Respondents:R1, Rajesh More, APP, R2, Prakash Naik a/w Ms. Seema Rawde, Advocates. For the Intervenor:Satish Maneshinde, Advocate.

Judgment :

1. Rule.

2. The Respondents waive service.

3. By consent, Rule made returnable forthwith.

4. By this Writ Petition under Article 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, 1973, the Petitioners are challenging the order dated 14.12.2012 passed by the learned Metropolitan Magistrate, 41st Court, Shindewadi, Dadar (East), Mumbai-14 in Case No.4100087/SW/2012 whereby he issued the process for the offences punishable under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (for short “the said Act”). This process was issued on a complaint which was lodged by the Respondent No.2 /Municipal Corporation for Greater Mumbai.

5. The complaint alleges that on 02.12.2012 at about 3:33 a.m., the officer concerned of Watch Room of Colaba Fire Station received a message from the Control Room to attend the Fire Call at Jolly Maker-I Cooperative Housing Society as fire broke out therein. The officer concerned had attended the call and found that the flat on 19th floor being Flat No.191-B of the building caught fire. The teams from Colaba and Nariman Point Fire Stations were preparing to fight t


















































































































































































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