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Municipal Corporation of Delhi Vs. Bhawani Shanker - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 28 of 1976
Judge
Reported in(1982)3SCC370a
AppellantMunicipal Corporation of Delhi
RespondentBhawani Shanker
DispositionAppeal Disposed
Cases ReferredMunicipal Corporation of Delhi v. Ram Sarup
Excerpt:
- [ baharul islam and; o. chinnappa reddy, jj.] -- constitution of india — article 136 — state while seeking special leave on question of law undertaking not to press for sentence against the respondent-accused — subsequently question of law decided in favour of the state in another case -- since the filing of this appeal, the question of law raised in this case has been decided in municipal corporation of delhi v. ram sarup1. the appeal stands disposed of accordingly.o. chinnappa reddy, j.1. at the time of granting special leave a statement was made on behalf of the appellant that if the appeal were to be accepted he would not press for the imposition of any sentence on the respondent. all that was required was determination of the question of law involved in the appeal. since the filing of this appeal, the question of law raised in this case has been decided in municipal corporation of delhi v. ram sarup1. it is therefore unnecessary for us to go into this question once more. following the judgment of this court we hold that the acquittal is wrong but we refrain from passing any further orders. the appeal stands disposed of accordingly.
Judgment:

O. CHINNAPPA REDDY, J.

1. At the time of granting special leave a statement was made on behalf of the appellant that if the appeal were to be accepted he would not press for the imposition of any sentence on the respondent. All that was required was determination of the question of law involved in the appeal. Since the filing of this appeal, the question of law raised in this case has been decided in Municipal Corporation of Delhi v. Ram Sarup1. It is therefore unnecessary for us to go into this question once more. Following the judgment of this Court we hold that the acquittal is wrong but we refrain from passing any further orders. The appeal stands disposed of accordingly.


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