Advocates:
['NAIK THIGLE GIRISH K', 'COPY SERVED ON P P', '', 'KADAM VISHAL S']

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crwp 625.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.625 OF 2022

UTKARSH SOPANRAO GUTTE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

...

Advocate for Petitioner : Mr. Naik Thigle Girish K

APP for Respondent 1 : Mr. R D Sanap

Advocate for Respondent 2 : Mr. Kadam Vishal S

...

CORAM : SHRIKANT D. KULKARNI, J.

...

Reserved on : August 30, 2022

Pronounced on : October 07, 2022

...

ORDER :-

1.

Heard fnalll with consent of both sides.

2.

The petitioner bl invoking writ jurisdiction under

Article 227 of the Constitution of India and under 482 of

the Criminal Procedure Code has sought following

relief :-

“11-B. Rule mal kindll be made absolute, bl

issuing writ, direction or order, therebl quashing

and setting aside the impugned order, dated

12.4.2022, passed bl the learned Sessions Court

in Criminal Revision Application no.62 of 2021

and the impugned order, dated 17.3.2021, passed

bl the Judicial Magistrate, First Class, Court

No.3, Beed of issuance of process against the

petitioner, in Criminal Miscellaneous Application

No.1827 of 2020 (RCC No.196 of 2021).

aaa/-

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crwp 625.22.odt

3.

It is necessarl to have a brief survel on the

relevant and important facts of the petition.

Respondent no.2 is a Medical Practitioner and

running his hospital under name and stlle as “Krishna

Hospital” at Vidla Nagar, (West) Beed. He has

purchased one adjoining propertl and demolished the

structure thereon and started construction at site. He

had applied for building permission on 28.8.2019,

however, without proper application with requisite

palment of building permission charges. On 13.4.2020

Municipal Council, Beed informed to respondent no.2

about ongoing illegal construction and instructed to

stop it forthwith. The District Collector, Beed also

communicated to respondent no.2 bl communication

dated 25.4.2020 and permission granted for Covid

Hospital came to be cancelled.

4.

Respondent no.2 had fled writ petition stamp

no.10582 of 2020 challenging the impugned order of

Municipal Council, Beed. This Court vide order dated

8.5.2020 was pleased to dismiss the said writ petition

aaa/-

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crwp 625.22.odt

bl observing that if the construction is itself illegal,

necessarl appropriate action would follow. On

17.6.2020, respondent no.2 applied for building

permission, which was rejected since it was contrarl to

the development rules. Against that, respondent no.2

preferred an appeal before the Hon’ble Minister. The

offcials of Municipal Council, Beed also visited the site

and prepared panchnama pointing out various illegal

construction which has been completed without having

necessarl building permission.

5.

Respondent no.2 fled one suit (RCS No.105 of

2022) in respect of the same construction and the civil

Court was pleased to reject an application for interim

injunction vide order dated 15.2.2022. An offence u/s

52 r/w section 43 of the Maharashtra Regional Town

Planning Act also came to be registered against

respondent no.2. Interim stal granted bl the Hon’ble

Minister was challenged before this Court bl fling Writ

Petition No.4097 of 2022. Respondent No.2 fled

Criminal Misc. Application bl wal of private complaint

aaa/-

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crwp 625.22.odt

against petitioner (RCC No.196 of 2021). The learned

Judicial Magistrate First Class was pleased to pass the

order of issue process for the offence punishable under

section 166, 504 and 506 of the IPC r/w section 51-B of

the Disaster Management Act, 2005. The order of issue

process was challenged bl the petitioner before the

Sessions Court vide Criminal Revision