High Court for State of TelanganaCRLP/2278/2016disposed of no costs

S. Vekateswara Reddy v. The State Of A.P.,Rep.,Pp

2016-02-24Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2278 OF 2016 ORDER:

This petition is filed by the petitioners-A3, A5, A6, A7 & A9 under Section 482 Cr.P.C. seeking to quash the proceedings against them in C.C.No.292 of 2014 on the file of the Junior Civil Judge, Vinukonda, Guntur District.

Heard and perused the material available on record. On 27.7.2012, the inspecting committee inspected the premises of M/s. Vinukonda Cold Storage, Markapuram Road, Vinukonda and noticed the deficiencies in fire prevention and safety measures. They also found that the owner of the premises occupied the building without obtaining no objection certificate for occupancy from the Fire Department.

Therefore, the owners of the said premises are punishable under Sections 31 & 32 of the A.P. Fire Service Act and Rules 15 & 27 of the A.P. Fire and Emergency Operations and Levy of Fee Rules, 2006.

Learned Counsel for the petitioners submitted that the petitioners are directors and partners of the said Cold storage and they are no way concerned with the day to day affairs of the said Cold storage and that the petitioners cannot be prosecuted for the above offence.

The grounds raised by the learned Counsel for the petitioners are the points to be determined by the trial Court. Therefore, the petitioners are directed to face the trial. However, considering the fact that the offence alleged in the above case is technical one, the presence of the petitioners-A3, A5, A6, A7 and A9 before the trial Court is dispensed with except on the dates when their presence is specifically required by the trial Court. The petitioners are directed to be represented through their Counsel before the trial Court on all hearing dates.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 24.2.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.2278 OF 2016 DATED 24.2.2016 Nn