1 spb/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 1546 OF 2009 Suresh M. Jain & 34 others. ... Petitioners. Versus Municipal Corporation for Gr. Bombay & Ors. ... Respondents. --- Ms. V. Nirmala i/by S.V. Katkade for the Petitioners. Mr. Sandeep Patil i/by V.K. Khatu for the Respondents. Ms. P.P.Bhosle, APP for the State.. --- CORAM : B. R. GAVAI, J. DATED : 25th FEBRUARY, 2010. P.C. : 1. The petitioners challenge the order of issuance of process. The petitioners rely on the judgment of the learned single Judge of this court in the case of Municipal Corporation of the City of Pune vs. Dinanth Dattatraya Borkar, reported in 1978 CRI. L.J. 1489 in support of the proposition that the occupiers cannot be punished for the offence under section 353 A and it is only a builder who can be punished for the offence committed. 2. At this stage, the court is only concerned to find out as to whether 2 the complaint prima facie discloses the ingredients of the offence. Section 353- A does not permit occupation of the building even by the occupier until permission referred to in proviso (b) to sub-section (1) has been received. . 3. As such no merit is found in the petition. Rejected. (B.R.GAVAI, J.) .....