ALALASUNDARAM AND ANR. Vs. K. GANESAN

JUDGEMENT

(1.) THE Petitioner, Alalasundaram and Subramania Raju, Special Grade Executive Officer, Township, Tirutani, and Water Supervisor respectively, have filed this petition under Section 482 Code of Criminal Procedure to call for the records C.C. No. 198 of 1989, pending on the file of the Judicial Magistrate, II, Tirutani, and quash the same under the following circumstances. The Respondent, a citizen of Gandhi Nagar, Second Street, Tirutani filed a private complaint on the file of the Judicial Magistrate -II, Tirutani, against the Petitioner for an offence punishable under Section 430 I.P.C. on the ground that even though the Petitioners are in charge of the township regulating water supply to the township, because of their laches in their duty, the public taps in the township are not supplying enough water and in certain places there are no public taps, that the water is diverted for cleaning the lavatories as a result certain places receive copious supply, certain parts of the township do not get enough water, that the first Petitioner and the complainant are residing in the same street, that some of the citizens who own four -storyed building are having overhead tank facilities connected to the electric motor, that the first Petitioner has not taken notice of the same and that as a result of the latches on their part, the streets do not get proper water supply but there is diversion of water.

(2.) THE learned Magistrate, after examining the complainant, took cognizance of the complaint for an offence punishable under Section 430, I.P.C. It is against the proceedings initiated against the Petitioners, the Petitioners have moved this Court under Section 482, Code of Criminal Procedure stating that the matters stated in the complaint and in the sworn statement recorded from the complainant do not constitute an offence punishable under Section 430, I.P.C.

(3.) IN the result, the Petition is allowed and the impugned proceedings in C.C. No. 193 of 1989 on the file of the Judicial Magistrate II Tirutani are quashed.