THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 8669 of 2022

ORDER:

This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused No.1 seeking to quash the proceedings in F.I.R.No.377 of 2022 of Mushirabad Police Station, Hyderabad, registered for the offences punishable under Sections 269 and 430 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. Heard Mr. S. Ram Reddy, learned counsel for the petitioner, Mr. M. Vivekananda Reddy, learned counsel appearing for respondent No.1 State and Mr. A. Veeresh Kumar, learned Standing counsel for respondent No.2 Board.

3. Learned counsel for the petitioner submitted that the petitioner is the owner of House bearing No.1-9-162, Ram Nagar, Hyderabad, and she is living with her family. The petitioner’s premises is having two water service connections since 2017. The Hyderabad Metropolitan Water Supply and Sewerage Board (for short, ‘the Board’) have allotted CAN No.617540113 in respect of one water service connection and they have not allotted CAN number to another water service connection. He further submitted that in the month of February, 2020, the Board issued a notification stating that if any person has an illegal water service connection, they are entitled to make an application for regularization by paying requisite charges. Pursuant to the said notification, the petitioner submitted application on 19.02.2020, vide File No.VDS2019/7434 through online, wherein she specifically stated that she is ready and willing to pay the regularization charges as per the scheme introduced by the Board. However, the Board has not taken any steps to consider the said application. On 27.08.2022, the petitioner submitted a representation before the Director of the Board, Hyderabad, requesting them to consider the application which was submitted on 19.02.2020. However, the Board has not taken any action and disconnected the water supply connection. On the other hand, respondent No.2 lodged a complaint on 02.09.2022 alleging that the petitioner obtained an illegal water service connection. Basing on the said application, Crime No.377 of 2022 was registered by the Mushirabad Police Station, though the ingredients under Sections 269 and 430 of the IPC are not attracted against her, especially the regularization application is pending consideration before the Board. Hence, the initiation of the criminal proceedings against the petitioner is clear abuse of the process of law.

4. Per contra, learned Standing Counsel submitted that the petitioner has taken an illegal water service connection and damaged the water pipeline. There are specific allegations made against the petitioner and when the investigation is under progress, the petitioner had approached this Court and obtained stay order, especially there are no grounds to seek quash the crime, and the same is liable to be dismissed.

5. Learned Assistant Public Prosecutor reiterated the very same submissions made by the learned Standing counsel for respondent no.2.

6. This Court considered the submissions made by the respective parties and perused the material available on record. It is not in dispute that petitioner is the owner of House bearing No.1-9-162 situated at Ram Nagar, Hyderabad. The specific case of the petitioner is that her premises is having two water services connections since 2017 and the Board allotted CAN No.617540113 in respect of one water service connection and they have not allotted CAN number to another water service connection. It is also not in dispute that the Board issued a scheme in February, 2020, for regularization of illegal water service connections by allotting CAN numbers. Pursuant to the same, the petitioner submitted online application, vide File No.VDS2019/7434 on

19.02.2020. Thereafter, the petitioner submitted a representation on 27.08.2022 requesting the Board to consider her VDS application dated 19.02.2020 and regularize the water ser