1982 (12) TMI 219

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.... For The Respondent : V.S. Desai and Arvind Minocha JUDGMENT : PAZAL ALI, J. This appeal by special leave is directed against a judgment dated 5.3.1980 of the Delhi High Court by which the High Court quashed the proceedings taken by the Municipal Corporation of Delhi against respondent Nos. I to 11. This is a case where the facts are almost identical with the facts of Criminal Appeal No. ....

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....ilar line of reasoning, as in criminal appeal No. 701 of 1980, quashed the proceedings against respondent Nos. I to 11. We have already dealt with the law on the subject in our decision in criminal appeal No. 701 of 1980, a copy of which is placed on the file of this case The relevant allegations against the accused-respondents are to be found in para S of the complaint which may be extracted thus....

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....out any averment. In the instant case, a clear averment has been made regarding the active role played by the respondents and the extent of their 1 liability. In this view of the matter, it cannot be said that para 5 of the complaint is vague and does not implicate respondents I to 11. As to what would be the evidence against the respondents is not a matter to be considered at this stage and wo....