Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Order Date: 21 August 2026
Case Overview
- Petitioners: Ashok M. Advani & Ors., nine directors of Respondent No.10 Company – Blue Star Ltd.
- Respondents: State of Maharashtra and Municipal Corporation of Greater Mumbai (MCGM).
- Complaint: MCGM filed a criminal complaint (exhibit A, p.21) alleging violation of Sections 328 and 471 of the Bombay Municipal Corporation Act for installing a glow sign board measuring 8 feet × 3 feet displaying “BLUE STAR METRO AIRCONDITIONER”.
- Process: Metropolitan Court/Magistrate issued summons on 04/02/2011 (C.C. No. 4200450/SS/2011) against the directors and the company.
- Petitioners’ contention: The premises where the sign was allegedly placed do not belong to them; they did not install the sign; MCGM provided no concrete evidence, merely a cyclostyled application.
- Court’s observation: Repeatedly, cyclostyled applications lacking specific cause of action cannot justify issuance of criminal process. The magistrate must be satisfied that the alleged infringement was actually committed by the accused before issuing summons. The corporation failed to meet this requirement.
Final Outcome
- The Court allowed the petition and disposed of it as per prayer clause (a).
- It ordered the record and proceedings of C.C. No. 4200450/SS/2011 before the 42nd Metropolitan Court, Shindewadi, Dadar, to be called for examination.
- The Court quashed and set aside the process issued on 04/02/2011 by the Learned Metropolitan Magistrate, 42nd Court, Shindewadi, Dadar.
- The petition was dismissed with relief granted to the directors, effectively nullifying the criminal proceedings.
Topics: Legal Dispute, Corporate Governance