Sns 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5713 OF 2010 IN CRIMINAL APPEAL NO. 1174 OF 2011 IN CRIMINAL CASE NO.119/2008 The Pune Municipal Corporation Through: Its Shri Govind M. Zanjare Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 BIOTECH SYSTEM PUNE, Through Atul V. Kulwant, N.C.2 Pushkar Appt., Near Om Super Market, Gokhale Nagar, Pune 16 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4965 OF 2010 IN CRIMINAL APPEAL NO. 1175 OF 2011 IN CRIMINAL CASE NO.300/2008 The Pune Municipal Corporation Through: Its Shri Kale Sanjay V. Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. Sns 2 1 Shri Devisingh R. Singh age; adult, Occ; Business, R/O Kaku va Gonpur, Tal: Paatiwada, Dist. Agra (U.P.) 2 M/s Devayani Food Ind. Pvt. Ltd. R/O AN 311 3rd floor Samuth Block 2nd World, Wanowari, Pune 3 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4966 OF 2010 IN CRIMINAL APPEAL NO. 1176 OF 2011 IN CRIMINAL CASE NO.124/2007 The Pune Municipal Corporation Through: Its Shri Memane Dattatray R Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Devraj Narsimmayya age; adult, Occ; Business, A/P K.B.Cross, Tal: Tiptur, Dist. Tumkar, Karnataka State 2 Shri Oswal Hanuman Enterprises, Timber Market, Pune 3 The State of Maharashtra ..Respondents. Sns 3 WITH CRIMINAL APPLICATION NO.4967 OF 2010 IN CRIMINAL APPEAL NO. 1177 OF 2011 IN CRIMINAL CASE NO.99 OF 2006 The Pune Municipal Corporation Through: Its Shri Shyamsunder K. Dhekane Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s Varsha Wines Through Shri Shrichand S. Ahuja, age; adult, Occ; Business, R/O: Shri Gulab R. Dakhreja, Shop No.5, Amrut Park, Kalyani Nagar, Yerwada, Pune . 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4968 OF 2010 IN CRIMINAL APPEAL NO. 1178 OF 2011 IN CRIMINAL CASE NO.127 OF 2007 The Pune Municipal Corporation Through: Its Shri Ashish L. Chavan Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. Sns 4 1 Shri Rajendra B. Kale Through Sai Satyam Park, age; adult, Occ; Business, R/O Wagholi Pune 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4969 OF 2010 IN CRIMINAL APPEAL NO. 1179 OF 2011 IN CRIMINAL CASE NO.2 OF 2007 The Pune Municipal Corporation Through: Its Suresh Swami Jana Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Barke Transport Co. Through Shri Amit S. Barke age; adult, Occ; Business, R/O 406, Somwar Peth, Pune . 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4970 OF 2010 IN CRIMINAL APPEAL NO. 1180 OF 2011 IN CRIMINAL CASE NO.38 OF 2005 The Pune Municipal Corporation Through: Its Satish Vasantrao Jadhav Sns 5 Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Prakash L. Vaikar age; adult, Occ; Business, R/O 284, Moraya Colony, Pimpri, Pune 18. 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4971 OF 2010 IN CRIMINAL APPEAL NO. 1181 OF 2011 IN CRIMINAL CASE NO.30/2008 The Pune Municipal Corporation Through: Its Shri S.B.Bojja Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Ganesh K. Ahere Age: Adult, Occ; Business R/O Shrisatyam Park, Wagholi, Pune 2 The State of Maharashtra ..Respondents. Sns 6 WITH CRIMINAL APPLICATION NO. 4972 OF 2010 IN CRIMINAL APPEAL NO. 1182 OF 2011 IN CRIMINAL CASE NO.97/2006 The Pune Municipal Corporation Through: Its Shri Govind M. Zanjare Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s. Badri Enterprises Age: Adult, Occ; Business 358 Ravivar Peth, Pune 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4973 OF 2010 IN CRIMINAL APPEAL NO. 1183 OF 2011 IN CRIMINAL CASE NO.209 OF 2005 The Pune Municipal Corporation Through: Its Shri Deepak R. Awate Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Ramjivan Shritula, age; adult, Occ; Business, Sns 7 Lakhimpur Kheri, U.P. 2 M/s Balaji Plywood, Lane No.3, Bhavani Peth, Pune 3 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4974 OF 2010 IN CRIMINAL APPEAL NO. 1184 OF 2011 IN CRIMINAL CASE NO.116 OF 2008 The Pune Municipal Corporation Through: Its Shri Sandip S. Amale Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s Arihant Chemist Pune Through Shri Ramesh Champa Lal Jain age; adult, Occ; Business, R/O 1159, Sadashiv Peth, Pune 2 MSD Pharmaceutical, Regd. Office 5th floor, Penensula Chamber Ganpatrao Kadam Marg, Lower Parel, Mumbai 13 3 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4975 OF 2010 IN Sns 8 CRIMINAL APPEAL NO. 1185 OF 2011 IN CRIMINAL CASE NO.96 OF 2006 The Pune Municipal Corporation Through: Its Shri Shyamsunder K. Dhekane Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Dagdu S. Tavare Through S.No.118, age; adult, Occ; Business, R/O Vitthalwadi, Pune . 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4976 OF 2010 IN CRIMINAL APPEAL NO. 1186 OF 2011 IN CRIMINAL CASE NO.299 OF 2008 The Pune Municipal Corporation Through: Its Shri Karle Navalkumar P. Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Sitaram S. Dativ age; adult, Occ; Business, R/O Suryanagar Anand Chawl, L.B.C. Road, Vikhroli (W), Mumbai 2 Ispatt Infrastructure (I) Pvt. Ltd. Sns 9 152 Central Facility Building, Phase II, Sec.19, Vashi, Navi Mumbai 3 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4977 OF 2010 IN CRIMINAL APPEAL NO. 1187 OF 2011 IN CRIMINAL CASE NO.28 OF 2008 The Pune Municipal Corporation Through: Its Shri Jayant N. Jagtap Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Maya Transport Through Marketyard Pune Age: Adult, Occ; business, 2 M/s. Parshva Steel, R/O Ganpati Mata Steel, Warje, Pune 3 Shri Bhimrao B. Pawar A/P Pimpri Koland, Tal: Shrigonda, Dist. Ahmednagar 4 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4978 OF 2010 IN Sns 10 CRIMINAL APPEAL NO. 1188 OF 2011 IN CRIMINAL CASE NO.203 OF 2006 The Pune Municipal Corporation Through: Its Shri Madhukar P. Nagpure Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s Sunshine Marketing Through Mahendra Govindbhai Gesariya Age: Adult, Occ; Business 2 Shri Ashwin A. Faladu 3 Mansukhlal Kaneriya 32/33, Santosh Heights, Gultekadi, Pune 37 4 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 4979 OF 2010 IN CRIMINAL APPEAL NO. 1189 OF 2011 IN CRIMINAL CASE NO.37 OF 2008 The Pune Municipal Corporation Through: Shri G.T.Gophane Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s. K.S.M. Distributor, Age: Adult, Occ; Business, Sns 11 R/o: 2, Rajesh Singh Bhop Singh, R/o Brahkala, Tal and Dist. Jind, Haryana State 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5054 OF 2010 IN CRIMINAL APPEAL NO. 1190 OF 2011 IN CRIMINAL CASE NO.36/2008 The Pune Municipal Corporation Through: Its Shri Ganesh D. Bhujbal Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Rama M. Bagal Through Post Purna, Tal: Bhiwandi, Thane age; adult, Occ; Business, r/o Vikas Transport, Toll Logistic Dapodi, Tal: Bhiwandi, Thane 2 Enterprises R/O Vaividnagari, Aparna, Karve Nagar, Pune 52. 3 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5055 OF 2010 IN CRIMINAL APPEAL NO. 1191 OF 2011 IN CRIMINAL CASE NO.128/2007 Sns 12 The Pune Municipal Corporation Through: Its Shri Gopal Chavan Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Ashok P. Gade Through R/O Amritsar Nagardas Road, age; adult, Occ; Business, R/O : Andheri (W), Mumbai 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5056 OF 2010 IN CRIMINAL APPEAL NO. 1192 OF 2011 in CRIMINAL CASE NO.98/2006 The Pune Municipal Corporation Through: Its Shri Govind M. Zanjare Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s Om Ply and Through Mahavir Darshan age; adult, Occ; Business, R/o: 267 Ravivar Peth, Pune 2 2 The State of Maharashtra ..Respondents. WITH Sns 13 CRIMINAL APPLICATION NO. 5057 OF 2010 IN CRIMINAL APPEAL NO. 1193 OF 2011 IN CRIMINAL CASE NO.46/2006 The Pune Municipal Corporation Through: Its Shri Deepak H. Raut Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s Pardeshi Wines Through Shri Rajendra B. Pardeshi Age: Adult, Occ: Business, R/o: 41/2, Shop No.1, Manjula Chambers, Karve Rod, Pune 44 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5058 OF 2010 IN CRIMINAL APPEAL NO. 1194 OF 2011 IN CRIMINAL CASE NO.93/2007 The Pune Municipal Corporation Through: Its Shri Gophane G. Tolaram Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Anthony Philip Sns 14 Abhiman B Soc. Sect.20,Unit No.7, Krishna Nagar, Chikhali Road, Chichwad, Pune 19 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5059 OF 2010 IN CRIMINAL APPEAL NO. 1195 OF 2011 IN CRIMINAL CASE NO.35/2008 The Pune Municipal Corporation Through: Its Shri G.T.Gophane Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Yogesh N. Parekh age; adult, Occ; Business, R/o Saishim Ground Floor, Opp: Nabard Bank, Engg. College Chowk, Shivajinagar, Pune 5 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5060 OF 2010 IN CRIMINAL APPEAL NO. 1196 OF 2011 IN CRIMINAL CASE NO.94/2007 The Pune Municipal Corporation Through: Its Shri More Sunil S. Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. Sns 15 1 Shri Shankar G. Mojad Through A/P Dhayari goan, Age: Adult, Occ; Business R/o. Tal: Haveli, Dist. Pune 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5061 OF 2010 IN CRIMINAL APPEAL NO. 1197 OF 2011 IN CRIMINAL CASE NO.204/2006 The Pune Municipal Corporation Through: Its Shri Madhukar P. Nagpure Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s Bhakti Marketing, Through 1 Shri Bhawani Bhai Patel 2 Shri Purushottam Patel 3 Shri Rajendra Singh Chavan 99 Timber Market, Bhawani Peth Pune 42 4 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5062 OF 2010 IN CRIMINAL APPEAL NO. 1198 OF 2011 IN Sns 16 CRIMINAL CASE NO.133/2007 The Pune Municipal Corporation Through: Its Shri Tanaji Jadhav Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Ramesh T. Mali Through Sakhubai Chawl, age; adult, Occ; Business, R/O: Mahadev Nagar, Hadapsar, Pune. 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5063 OF 2010 IN CRIMINAL APPEAL NO. 1199 OF 2011 IN CRIMINAL CASE NO.132/2007 The Pune Municipal Corporation Through: Its Shri Tanaji Jadhav Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Suresh Kumar Gaud, age; adult, Occ; Business, Through Prop. M/s G.S.Enterprises, Upasana Hotel, Handewadi, Pune 3 The State of Maharashtra ..Respondents. Sns 17 WITH CRIMINAL APPLICATION NO. 5064 OF 2010 IN CRIMINAL APPEAL NO. 1200 OF 2011 IN CRIMINAL CASE NO.31 OF 2008 The Pune Municipal Corporation Through: Its Shri Marathe P. Vitthal Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 M/s Sanraj Engineering, Through Shri Sanjay R. Chore, age; adult, Occ; Business, R/O S.No.1, Chandrsakha Welfare Hos. Soc. Ambegoan, Tal: Haveli, Pune 2 M/s Vipul Transport R/O Dattanagar, Ambegoan, Pune Pune 3 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5065 OF 2010 IN CRIMINAL APPEAL NO. 1201 OF 2011 IN CRIMINAL CASE NO. 118/2008 The Pune Municipal Corporation Through: Its Shri Dhangar M.B. Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) Sns 18 v/s. 1 Shri Ajay C. Burde age; adult, Occ; Business, 116/3 Sus Road, Pashan, Pune 411 021 2 Kirti General Stores, 1290, Budhwar Peth Near Babu Genu Chowk, Pune 2 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5066 OF 2010 IN CRIMINAL APPEAL NO. 1202 OF 2011 IN CRIMINAL CASE NO.27/2008 The Pune Municipal Corporation Through: Its Shri Ramdas L. Bade Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Prem Kumar P. Yadav Sr.No.2, Gulab Chowk, age; adult, Occ; Business, R/O Dhankawadi, Pune 43. 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5067 OF 2010 IN Sns 19 CRIMINAL APPEAL NO. 1203 OF 2011 IN CRIMINAL CASE NO.122/2007 The Pune Municipal Corporation Through: Its Shri Rabindra G. Shinde Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Rajesh S. Lal Through At Saral Post Dadatra, age; adult, Occ; Business, R/O Bhiwani, Haryana State 2 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5068 OF 2010 IN CRIMINAL APPEAL NO. 1204 OF 2011 IN CRIMINAL CASE NO.32 OF 2008 The Pune Municipal Corporation Through: Shri Ganesh D. Bhujbal Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Ramchandra V. Giri age; adult, Occ; Business, 34/A Dhavadi Naka, Mumbai Seal road, Thane Sns 20 2 M/s Ganesh Traders S.No.7, Pune Satara Road, Bharti Vidyapeeth, Katraj, Pune 46 3 The State of Maharashtra ..Respondents. WITH CRIMINAL APPLICATION NO. 5069 OF 2010 IN CRIMINAL APPEAL NO. 1205 OF 2011 IN CRIMINAL CASE NO.26/2008 The Pune Municipal Corporation Through: Its Shri Dilip R. Bhosale Checking Inspector, Age Adult, Occ: Service, Add: Pune Municipal Corporation Bhawan Shivaji Nagar, Pune 5 ..Applicant/Appellant. (Org. Complainant) v/s. 1 Shri Rameshwar Lal Jat Through at Behada Kakheda age; adult, Occ; Business, R/O Post Rajpura Tal: Rail marg, Rajasthan State 2 The State of Maharashtra ..Respondents. Shri A.A.Kumbhakoni, Sr.Counsel a/w A.P.Kulkarni , advs. For the Applicant/Appellant/PMC. Shri Shekhar S. Bhise, adv. For the R.No.1 (in Appln. No.5713/2010) Shri V.D.Raut, adv. for the R.No.1 (in Appln. No.4967/2010) Shri Sagar Deokar, adv. For the R.No.1 (in Appln.No. 4969/2010) Shri Reshant Shah i/by Vasim S. Master, advs. For the R.No.1. (in Appln. No.4972/2010) Shri Pankaj D. Purway, adv. For the Respondents. Sns 21 (in Appln.No.4978/2010) Shri R.S.Kohli, adv. For the R.No.1 (in Appln.No.5057/2010) Shri Y.M.Nakhwa, APP for the State. CORAM : J.H.BHATIA, J. DATE : 16th September, 2011 ORAL JUDGMENT: 1 Heard the learned counsel for the applicant/Municipal Corporation and the learned counsel for the respondents, who have appeared. Other respondents are also served but none appears for them. 2 These applications are filed for leave to prefer appeal against the acquittal of the respondents/accused on the ground that on particular day when the criminal cases were filed by the Pune Municipal Corporation under Section 298 of the Bombay Provincial Municipal Corporation Act for evasion of octroi duty, the public prosecutor appointed by the Municipal Corporation was not present though some other advocate for the Corporation was present and he had sought adjournment also. In view of the facts, leave granted. Appeals be registered. 3 With consent, appeals are also taken up for final hearing immediately. 4 On perusal of the record, it appears that the orders of the dismissal of the cases were passed on 13.7.2010 and 15.7.2010 on the ground that the complainant, i.e., the Municipal Corporation was not Sns 22 represented by anybody and the Municipal Prosecutor was absent. It was stated that cases being old, the complainant did not appear to be interested in prosecuting them. After perusal of the record produced by the Municipal Corporation, it appears that regular Public Prosecutor was appointed by the Municipal Corporation for prosecuting cases filed by the Corporation. However, taking into consideration the large number of cases pending, which are filed from time to time, it was impossible for one regular public prosecutor to remain present and to look after each case. Therefore, the Municipal Corporation had appointed a panel of advocates, who were authorised to conduct the cases on behalf of the Municipal Corporation. It appears that one Mr. Javed Khan advocate was on the panel and was appointed for the period from 1.10.2009 to 30.8.2010. On the date when these orders were passed, Mr. Javed Khan was advocate on the panel and there is no dispute that Mr. Javed Khan was present but the learned Magistrate of the Corporation Court refused to take cognizance of his presence on the ground that he was not Municipal Public Prosecutor. That fact was brought to the notice of the Municipal Commissioner by Mr. Javed Khan by his letter dated 30.7.2010 and on 31.7.2010 the senior legal advisor of the Municipal Corporation also made a grievance before the District and Sessions Judge, Pune in this respect. 5 Taking into consideration the huge population, industrialization, Sns 23 commercial and other activities within the area of Pune Municipal Corporation, huge quantity of goods of different nature are imported in that area and, they are subject to octroi duty. Therefore, there is always possibility of a large number of cases of evasion of Octroi duty also and it results into filing of criminal cases. Even though the Municipal Corporation has appointed a prosecutor to conduct these cases before the Corporation Court, still one prosecutor can not look after all the matters. In view of this, it is impossible to find any fault with the Municipal Corporation to appoint certain advocates on its panel and authorise them to conduct cases on behalf of the Municipal Corporation . Documents clearly show that Mr. Javed Khan advocate was appointed as an advocate on the panel of the Municipal Corporation to look after such cases. In view of this, it was not proper on behalf of the learned Magistrate to refuse to take cognizance of the presence of Mr. Javed Khan on behalf of the Municipal Corporation and to dismiss the cases. Therefore, the impugned orders of dismissal can not be supported. 6 In view of the above, it will be necessary to allow the appeals. However, it may be noted that as far as the Criminal Appeal No.1193/2011 against M/s Pardeshi Wines is concerned, the accused/respondent has already deposited the compounding fee, which is equivalent to octroi duty, as per the receipt dated 23.5.2008. The learned counsel for the Municipal Sns 24 Corporation has no objection if that appeal is dismissed. 7 In view of the above Criminal Appeals, except the Criminal Appeal No.1193/2011, are hereby allowed and the impugned orders are set aside. All criminal cases in those Criminal Appeals are hereby remanded back to the learned Magistrate for hearing and disposal as per law. 8 Appeal No.1193/2011 stands dismissed in view of the fact that the matter is already compounded by paying compounding fee by the accused/respondent. It is made clear that if any other accused has also paid compounding fee as per law and has compounded the case, he may point out the fact to the learned Magistrate and the learned Magistrate may pass appropriate order in such cases. (J.H.BHATIA, J.) Sns 25