P. RAMACHANDRA RAJU, J.

( 1 ) 1. The petitioner is the Kurnool Municipality. The 1st respondent is the Civic Association, Kurnool. The 1st respondent-Association filed a complaint against the Municipality under Section 290 of the india Penal Code for punishing it for causing public nuisance by systematically neglecting its duty to maintain cleanliness in Kurnool town.

( 2 ) THE case is still pending. During its pendency, the municipality filed a petition raising a preliminary objection for taking cognizance of the offence without the necessary sanction of the Government as contemplated under section 375 of the Andhra Pradesh Municipalities Act (hereinafter referred to as the municipalities Act ). The petition was resisted by the Civic Association, the complainant, alleging that the complaint is not laid against any officer of the Municipality in which case only sanction of the Government as required under Section 375 of the Municipalities Act is necessary and that provision has no application to the present case as the complaint is laid against the munici pality itself and not against its officers. The lower Court, viz , judicial First Class Magistrate, Kurnool however, without re

Click Here to Read the rest of this document