In Brief
A housing cooperative society filed a complaint under the Maharashtra Ownership Flats Act alleging violations by respondents in a housing project. After the Metropolitan Magistrate dismissed the complaint and acquitted the respondents, the complainant sought leave to appeal before the High Court under Section 378(4) of the Criminal Procedure Code. The High Court declined to grant leave. The Supreme Court allowed the appeal, holding that the High Court ought to have granted leave given the nature of the alleged violations and material on record. The matter was remanded to the High Court to decide the appeal on merits without prejudice.
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