1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.1498 of 2007 (Municipal Council, Risod v. Shivaji Kundlik Khadse and another) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Smt. Anjali A. Joshi, Advocate for Applicant. Shri S.A. Mohta, Advocate for Respondent No.1. Shri A.S. Sonare, APP for Respondent No.2. CORAM : A.H. Joshi, J. DATE : 12th June, 2008 1. The applicant is seeking leave to appeal against the judgment and order of acquittal passed in Summary Criminal Case No.472 of 1998. The acquittal is ordered by observing in para 3 of the said judgment and order as follows : “In the instant case prosecution has failed to bring on record the Gazette notification revealing that the alleged construction made by accused comes under the development Plan as notified in the official Gazette therefore the main ingredients of section 43 is not proved by the prosecution therefore sec.52 of MRTP Act would not attract in the instant case without proof on the part of prosecution.” 2. Factual aspect of the above quotation is not disputed. The complainant cannot blame the Court for dismissal of a case when the 2 complainant has failed to prove the commission of offence. In view of this, present is not a fit case for grant of leave to file appeal. 3. The application is, therefore, dismissed. JUDGE pdl