IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Tirumala Devi Eada, J
Sadhu Nagamallikarjuna Rao – Appellant
Versus
State of Telangana – Respondent
CRIMINAL PETITION No.7323 of 2023
THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.7323 of 2023
DATE OF ORDER:04.05.2026
Between:
Sadhu Nagamallikarjuna Rao
...Petitioner
AND
The State of Telangana,
Rep. by its Public Prosecutor,
High Court Buildings, Hyderabad and another
...Respondents
ORDER
This Criminal Petition is filed under Section 482 of the Code
of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the
petitioner/accused seeking to quash the proceedings against him
in C.C.No.1672 of 2014 on the file of learned Judicial Magistrate
of First Class at Miryalaguda.
2. Heard Mr.Hari Kishan Kudikala, learned counsel for
petitioner, Sri Krishna Reddy Putta, learned Standing Counsel for
Municipalities appearing for respondent No.2, and
2
Smt.S.Madhavi, learned Assistant Public Prosecutor appearing
for the respondent No.2.
3. Learned counsel for the petitioner submitted that the
present petition is not maintainable for want of proper sanction
and that the sanction obtained by the complainant is without any
authority. He further submitted that the sanction ought to have
been obtained from the Municipal Council for filing the complaint.
However, in the present case, the sanction was granted by the
Commissioner of Miryalaguda Municipality to the Town Planning
Building Overseer. Based on the said sanction, the Town
Planning Building Overseer has lodged the complaint under
Section 340 of the A.P. Municipalities Act, 1965. He further
contended that, in the absence of sanction from the appropriate
authority, the continuation of proceedings against the petitioner
would be an abuse of process of law. He also relied upon the
order passed in Crl.P.No.1420 of 2023 by a learned Single Judge
of this Court. He, therefore, prayed to quash the proceedings
against the petitioner.
4. Learned Standing Counsel for Municipalities
submitted that although the Act provides that sanction has to be
granted by the Municipal Council, in the absence of the Municipal
Council, the sanction was obtained from the Municipal
3
Commissioner, and the same would not vitiate the proceedings.
He further submitted that, considering the objective behind
lodging the complaint, the case may be considered appropriately
and prayed this Court to pass appropriate orders.
5. Perused the record.
6. The complaint was lodged under Sections 209, 210,
211, 216, 340 and 360 of the Andhra Pradesh Municipalities Act,
1965, against the petitioner herein without obtaining any sanction
from the Municipal Council, thereby violating Section 366 of the
Andhra Pradesh Municipalities Act, 1965. Hence, without going
into the merits of the case and by applying the same analogy as
held in Crl.P.No.1420 of 2023, the present petition is allowed, and
the proceedings against the petitioner in C.C.No.1672 of 2014, on
the file of the learned Judicial Magistrate of First Class at
Miryalaguda, are hereby quashed.
Pending miscellaneous applications, if any, shall stand
closed.
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