ORDER

1. The instant petition under Section 482 of Code of Criminal Procedure, 1973¹ has been filed by the Petitioners/Accused, seeking quashment of Proceedings against him in CC No.249 of 2019 on the file of the Court of Judicial First Class Magistrate, Vinukonda, for the offences punishable under Sections 269, 278, 283 and 432 IPC of the Indian Penal Code²

2. Brief facts of the case, as projected by the de-facto complainant; a. Respondent No.2 herein is the Vinukonda Municipality, who filed a private complaint before the Court of Judicial First Class Magistrate, Vinukonda against the Petitioner/Accused alleging that Petitioner has leased out the property situated at D.No.29-113 to one Y.Koteswari, who is his relative. She started doing business in the subject property under the name

1 for short ‘Cr.P.C’ for short ‘I.P.C.’

and style ‘Maruthi Iron Scrap Merchants’, without obtaining any permission from Vinukonda Municipality. Accused is the sleeping partner in the said business.

b. While so, on 08.09.2018, Sanitary Inspector and the Staff visited the subject property and found that two sheds coupled with iron sheets was constructed.

c. Taking advantage of the position of the Father of the Petitioner, who is the Assistant Sub-Inspector of Police, Petitioner did acts of nuisance by leaving perishable things/ by releasing the sewer from his place to the public road and conjoined the public drainage, which lead to release the sewer to the public (surrounding people) for mosquito menace.

d. Due to stagnation of sewer and due to damage to the public drainage canal, the public in the vicinity suffered a lot.

e. Complainant/Municipality gave notices on 12.09.2018 and 28.09.2018 to the accused and in spite of receiving the notices, accused did not take any precautionary steps nor replied to the said notice. Accused filed Pre- Litigation Case No.55/18 before the Mandal legal Services, Vinukonda, wherein notice was served to the Complainant on 01.10.2018. On 02.02.2019, the Previous Commissioner attended before the authority and the Court directed the accused to take precautionary steps and protect the public property and not to release the sewer to the public canal and the accused accepted for the same in terms thereof, the said case was closed.

f. After taking charge by the Present Commissioner, who is the Complainant herein, he visited the premises of the accused and observed that accused did not take any steps to keep the premises clean. When questioned, accused threatened the authorities stating that his father is the Police Officer and no one can do anything. Complainant requested the accused to shift the business of iron and scrap to out-side Vinukonda Town.

g. Since Accused did not heed the words of the officials, Complainant filed a present Complaint before the Trial Court, in turn, forwarded the same to the concerned Police. Police, after due investigation, filed charge sheet. Learned Judicial First Class Magistrate, Vinukonda, numbered the case vide C.C.No.249 of 2019, and took cognizance of the case for the offences punishable under Sections 269, 278, 283 and 432 IPC.

h. The proceedings in the said C.C are sought to be quashed by Petitioner/Accused, vide this Petition. Hence, the Crl.P.

Arguments Advanced at the Bar

3. Heard Sri E.V.V.S.Ravi Kumar, learned counsel for Petitioner, Sri Md.Ameen, learned Assistant Public Prosecutor representing the State/Respondent No.1 and Sri Mangena Sree Rama Rao, learned counsel for Respondent No.2/Complainant. Perused the material on record.

4. Learned counsel for the Petitioner, in elaboration to what was stated in the Petition, would submit that there is no incriminating material against the petitioners for continuation of criminal proceedings. He would further submit that the Petitioner is the sleeping partner and Ms.Y.Koteswari, who is the maternal aunt of the Petitioner was doing business in the name and style ‘Maruthi Iron Scrap Merchants’ and without obtaining permission from the Complainant Mun