THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 639 OF 2024

ORDER

This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking quashment of proceedings against the petitioner in C.C.No. 236 of 2011 on the file of the learned Judicial First Class Magistrate, Miryalaguda, Nalgonda District.

2. The petitioner is sole accused in the above Calendar Case facing accusations for the offence punishable under Section 340 of the A.P. Municipalities Act, 1965, for the violation of plan approved by the Municipality under Sections 217(1), (2) and (3) of the A.P. Municipalities Act, 1965 (for short, ‘the Act, 1965’).

3. I have heard Mr.P.Prabhakar Reddy, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.2-State.

4. The prosecution’s case, in brief, is that while the petitioner was constructing a residential apartment, the construction was carried out in deviation from the approved plan. Consequently, the complainant, who was serving as the Town Planning Supervisor of Miryalaguda Municipality, issued a provisional notice dated 17.08.2010 unde