In Brief
A municipal corporation challenged a High Court order dismissing a writ petition without hearing on merits. The High Court had earlier dismissed a criminal appeal, observing that it lacked jurisdiction under CrPC Section 378 but made merits observations anyway, then granted liberty to file appropriate proceedings. The Court held that observations made without jurisdiction cannot attain finality or bind subsequent proceedings. 'Liberty to file' confers genuine jurisdiction on successor courts. Only the jurisdictional finding itself is binding; auxiliary observations have no preclusive effect. The case was remitted to the High Court for full hearing on merits.
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