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Dahisar Saraswati Co-op. Housing Society Ltd. v. The State of Maharashtra & Others

Criminal Appeal · 2018 INSC 963Decided 12 Oct 2018
Criminal Appeal No. 1550 of 2010
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

The appellant, a housing cooperative society, had filed a criminal complaint under the Maharashtra Ownership Flats Act alleging violations by respondents in executing a housing project and allotting flats. The Metropolitan Magistrate dismissed the complaint and acquitted the accused. When the society sought leave to appeal that acquittal before the Bombay High Court under Section 378(4) of the Criminal Procedure Code, the High Court declined to grant such leave, prompting this further appeal to the Supreme Court.

Decision Breakdown

The only question before the Supreme Court was whether the High Court was justified in refusing leave to appeal. After examining the Magistrate's order and the grounds raised, the Court held that given the nature of the alleged violations and the material on record, a full appellate hearing was warranted and the High Court ought to have granted leave. It accordingly allowed the appeal, set aside the High Court's refusal, and itself granted leave to the society to file its appeal in the High Court. The actual merits of the underlying criminal complaint were expressly left undecided and remanded to the High Court to be heard and decided on their own merits, uninfluenced by any of the Supreme Court's observations, with a request that the long-pending matter be expedited.

Lesson Learnt

A High Court cannot summarily shut the door on a complainant's right to appeal an acquittal under Section 378(4) CrPC where the nature of the alleged violations and the record justify a full hearing on the merits; the threshold question of "leave to appeal" is distinct from, and must not substitute for, a decision on the merits themselves.

Official source (sci.gov.in)View Judgment (PDF)

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