JUDGMENT-The applicants in this Criminal Application, (hereinafter referred to as accused Nos. 1 and 2) in Criminal Case No. 12275/1976 on the file of the Judicial Magistrate, First Class, Second Court, Amravati, have filed this application under section 397 read with section 401 as also under section 482 of the Code of Criminal Procedure, praying that the proceedings in the abovementioned criminal case be quashed.

2. Non-applicant No. 1 in this application (hereinafter referred to as the 'complainant'), has filed the Criminal case in question against the two accused alleging that offences under sections 380, 425 and 441 as also under section 109 of the Indian Penal Code have been committed. The allegations in the complaint are that the complainant was running a hotel in a tin-shed in Municipal House No. 231/8 at Amravati. Accused No.1 is the Chief Officer of the Amravati Municipal Council, while accused No.2 is the sub-overseer working in the Municipal Council. The complainant further alleges that accused No. 1 prosecuted the complainant in Criminal Case No. 519/1972 for constructing the said hotel without municipal permission. The complainant admitted that he was fined in that ca

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