1 Cri.Revn.Appln.No.339 of 2010 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL REVISION APPLICATION NO.339 OF 2010 The State of Maharashtra ... Applicant Versus Mr.Karsan Raghavji Gala and Ors. ... Respondents Mr. S.A. Shaikh, A.P.P. for applicant/State. Mr. Ruchir D. Dholakia for respondent nos. 1 to 7. CORAM : K.U. CHANDIWAL,J. DATED : AUGUST 22, 2011 P.C. Discharge of respondent in S.C. No. 419 of 2008 vide order below Exh. 4 dated 12.3.2009 by the learned Ad Hoc Additional Sessions Judge, Thane is questioned by the State. 2. The learned Judge has indeed discussed the evidence while deciding the application in terms of Section 227 of Cr.P.C. He was not expected to opine that ultimately the accused/respondent would be acquitted. Since there was sufficient material to proceed against the accused/respondent, there was no tangible reason for the learned Judge to discharge the respondent. 2 Cri.Revn.Appln.No.339 of 2010 3. The I.O. has appraised as can be seen in Para 5 of the order, the learned Judge about the status of the landed property to be owned by accused nos. 1 to 3. Accused No. 11 Narendra Suryakant Shaha had executed agreement for construction of the chawl with the land owners while accused nos. 4, to 7 and 9 and 10 have illegally constructed the chawl on the land owned by accused nos. 1 to 3. It is pertinent that the officer of Mira Bhayander Corporation had lodged report with police about the said illegal construction in terms of Section 52 read with 53 of M.R.T.P. Act. 4. The learned Judge has recorded that there was no sanction in terms of 142 of M.R.T.P. Act. The learned Judge should have considered that apart from infraction of provisions of MR.T.P. Act, the prosecution was in terms of Section 304 read with 34 of I.PC. against the accused respondent. Without further dissecting the submission, I find the order of discharge calls for interference. It is accordingly set aside. The accused respondent to appear before the learned Ad Hoc Additional Sessions Judge, Thane on 12.10.2011. Revision Application disposed of. (K.U. CHANDIWAL,J.)