1 wp1744-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1744 OF 2010 Mrs. Alka w/o Narayan Prasad .. Petitioner Versus The State of Maharashtra and others .. Respondents Mr. A. M. Saraogi for the Petitioner Mr. P. A. Pol, PP for Respondent No.1-State. Ms. Seens Rawade, i/by V.K. Khatu for B.M.C. CORAM : N. D. DESHPANDE, J. DATE : 18th February, 2011 P. C. 1. Heard Mr. Saraogi learned counsel for the Petitioner, for some time. 2. This petition is filed under Section 482 of the Criminal Procedure Code 1973 for quashing of the proceedings bearing Case No. 4052-SS of 2010, pending before the Metropolitan Magistrate's Court, 39th Court, Vile- Parle(W). The proceedings are arising out of a complaint by respondent no.2 Corporation under section 347-B of the Mumbai Municipal corporation Act. It appears that only summons is issued and nothing more. The Petitioner is called upon to make such averments which probably asked by the BMC by way of 2 wp1744-10 the impugned notice. This is exactly the learned magistrate wants to know and gave the petitioner opportunity by issuing summons. It is the cardinal principle of law that nobody should be condemned unheard. The petitioner may be right in making all his submissions, what is contended in the petition but this Court cannot hold a mini trial in such a case or complaint for breaches of the provisions of MMC Act. The accusations are not for a serious offense. 3. In the above view of the matter, the learned counsel for the petitioner seeks to withdraw the petition with liberty. 4. Allowed to withdraw. 5. Opportunity is given to the petitioner to state his case in defence and seek appropriate relief before the trial Court. 6. Needless to state that the petitioner is entitled for exemption from giving personal appearance before the Court and may engage lawyer of his choice and put up necessary material of his innocence referring to the impugned notice and the allegations or accusations find in the complaint. 7. Petition is accordingly disposed of. ( N. D. DESHPANDE, J. )