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V. SUJATHA
Prathi Avnesh – Appellant
Versus
State of A. P. – Respondent
ORDER :
V. Sujatha, J.
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking to quash the charge sheet in STC 194/2015 pending before the Court of Judicial Magistrate of First Class, Ichapuram.
2. The 2nd respondent/ Commissioner of Municipality on 02.01.2014 lodged a complaint under Section 366 of A.P. Municipalities Act, 1965, before Judicial First Class Magistrate, Ichapuram alleging commitment of offences by the petitioner/accused under Section 340 and 340A r/w Sec 209, 211, 217 and 228 of the A.P Municipalities Act 1965 (as amended). The said complaint was taken cognizance by the said Court on 08.06.2015 under STC No.194/2015.
3. The brief facts of the prosecution case are that on 25.3.2013 the 2nd respondent issued a provisional notice under Sec 228(1) of A.P Municipalities Act in proceedings in U.C. No.092/13 dated 25.3.2013 to the petitioner/accused informing him that he had constructed a building comprising of ground, 1st and 2nd Floor in Ward No.4, main road NHS street, Ichapuram Municipality, without obtaining any building permission under Section 209, 211/ 220 and 221 of the A.P. Municipalities Act 1965 (as a
The court established that a complaint under the A.P. Municipalities Act must be filed within a specified time frame, and failure to do so can lead to quashing of proceedings.
The court established that proceedings can be quashed if the allegations do not prima facie constitute an offence, emphasizing the importance of procedural correctness in municipal law.
Point of Law : In light of the recoveries made and statement made by the independent witnesses, it cannot be ruled out that the petitioner has been involved in the commission of Sections 13(2) and 13....
Criminal proceedings cannot be initiated without prima facie evidence of an offence; retaliatory and frivolous complaints abuse judicial process.
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
The court established that only the registered owner can be held liable for unauthorized construction under the JDA Act, and improper inclusion of parties violates due process.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
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