IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2983 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Mumbai Municipal Corporation )..Applicant Versus Jaisheela Ramdular Tiwari & Anr. )..Respondents ---- Mrs.Teja Katdare i/by V.K.Khatu & Uday Kedar for the applicant. Mr.S.R.Shinde APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 12.9.2008. PC 1. This is an application for leave to appeal. The two accused Jaisheela Ramdular Tiwari and Ashokkumar Ramdular Tiwari have been acquitted for offences punishable under Section 255(1) of Cr.P.C. and under Sections 475-A r/w 354 of MMC Act. On perusal of the impugned judgment and order, I find that the acquittal is based on cogent and acceptable reasons. The property was of joint family property. All the co-owners are not made as the accused. Accused were admittedly residing in some other area. It is sought to be argued that the landlord has taken recourse of Section 507 and sought orders against the tenants. The court has also found lacunas in the evidence of PW-1 Junior Engineer Sunil Shinde and PW-2 Asstt.Engineer Mr.Shetty. The Court has : 2 : found that for the repairs suggested, there was no necessity to vacate the entire premises and the nature of the repairs appeared to be minor and which in law, were required to be carried out by the tenants. Taking an overall view of the matter, this is not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Consequently appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)