A criminal petition under Section 482 Cr.P.C. sought quashing of proceedings against Greater Hyderabad Municipal Corporation officials accused of negligence in a building collapse. The Court found no abuse of process or violation of natural justice.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE EIGHTH DAY OF JULY
TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION NO: 5931 OF 2022
Between:
'1 . E. Surender Reddy, S/o E. Narasimha
...PETITIONERS/ACCUSED NOS.1 2 & 1 3
AND
1 . The State of Telangana, Rep. by its Public Prosecutor High Court of Judicature at Hyderabad for the State of Telangana at Hyderabad. 2 Sri Gotika Sreenu'
...RES,.NDENTS/DEFAcro ..M'LATNANT
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased toquash theproceedings against thepetitioners/AccusedNos.12 and '13 in P.R.C.No.31 of 2012 on the file of lX Additional Chief lvletropolitan Magistrate at Hyderabad.
l.A. NO: 1OF 2022
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to stay all furtherproceedings includingpersonal appearance of the petitionersiAccused No.12 and 13 in P.R.C.No.3 1 of 2012 on the file of lX Additional Chief Metropolitan Magistrate at Hyderabadpending disposal of Crl.P.
This Petition coming on for hearing, uponperusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri AKULA ANIL SRINIVAS, Advocate for the Petitioners and of the Additional Public Prosecutor (TG) on behalf of the Respondent No.1
The Court made the following: ORDER
HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITI ON No.5931 of2022
ORDER:
Seeking the Court to quash the proceedings that are initiated and pending against the petitioners who are arrayed as accused Nos. 12 and 13 in pRC.No.3 l of 2OL2 that is pending on the Iile of the Court of IX Additional Chief Metropolitan Magistrate, Hyderabad, the present Criminal Petition is filed.
2
Dr.CSL, J CrlPNo.5931 of 2O22
accused Nos.7 arld 8. No permission whatsoever was obtained from the municipal authorities. The structural desigtr which was drafted by accused No.lO was attested by accused No.9 without visiting the site. Accused No. 11 and the petitioners, who are arrayed as accused Nos. 12 artd 13, being the officials of Greater Hyderabad Municipal Corporation, Hyderabad tailed to discharge their legitimate duty of checking and stopping the illegal construction. On 05.02.2010, while the construction work was in progress, the building collapsed due to which 13 members died and few others got severely injured. On investigation, it was found that the town planning staff which includes the petitioners who are supposed to monitor the ongoing constructions and take necessary enforcement action on unauthorized constructions failed to do so.
3
D..CSL, J CrlPNo.S931 of 2022
notice as contemplated under the Greater Hyderabad Municipal Corporation Act, 1955, when the said unauthorized construction was brought to their notice arid therefore, they are not at fault.
Again disputing the said submission, the learned counsel
/ /d?
4
Dr.CSL, J CrlPNo.5931 of2O22
for the petitioners contended that prior sanction fof prosecuting the petitioners as contemplated under Section 797 Cr.P.C has to be obtained, but no such sancfion is obtained in the case on hand. Replying, the learned Assistant Fublicprosecutop submitted that sanction proceedings can be submitted by the prosecuting agency at any time before examination of the accused under Section 313 Cr.P,C. and therefore, the said ground negds no consideration.
5
D..CSL, J CrlPNo.5931 of 2O22
Proceedings in a criminal case cannot be quashed only on mere asking or on the ground that the seekers are public servarts. This Court does not lind any ground more so justifiable ground to exercise the extreme power granted to it under Section 482 Cr.P.C. so as to quash the proceedings against the petitioners. Therefore, this Court is of the view that this Criminal Petition lacks merits.
Sd/-T.SRINIV S DEPUTY REGI R
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SECTION OFFICER
HIGH COURT
DATED:0810712022
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ORDER
CRLP.No.5931 ot 2022
Dismissed.
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2 issues framed by the court
Whether the proceedings against municipal officials accused of negligence in an illegal construction collapse can be quashed under Section 482 Cr.P.C.
Whether the revocation of suspension against the petitioners mandates the automatic closure of criminal proceedings.
3 provisions across 2 enactments
E. Surender Reddy
Sadanandam
The State of Telangana
Sri Gotika Sreenu
Chillakur Sumalatha
As recorded by the court registry
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