R CHANDRAMOHAN Vs. CHENRAYAN

JUDGEMENT

(1.) THE petitioner is the second accused in S. T. C. No. 13680 of 2003 on the file of the learned Judicial Magistrate No. 2, Salem. A private complaint has been filed against him and the first accused/second respondent herein by the complainant/first respondent, before the learned Magistrate for the offence punishable under Sections 401 to 410 of Salem City Municipal Corporation Act No. 29 of 1994, which deals with unlawful burial. As per Section 404 (4) of the said Act, the act done by the first accused/second respondent is a clear violation of the said Act and hence, he is liable to be punished under the penal provision of Section 441 of the said Act.

(2.) THE case of the complainant is that the first accused/second respondent alleged to have buried the dead body of his daughter on 24. 03. 2003 in his house situated in Plot Nos. 3, 4 and 5, Survey No. 90/7, Mottur Road, Jagir Reddipatti, Salem. The complainant is a neighbour and he has objected for the burial of the dead body. It is further alleged that the burial is in violation of the Salem City Municipal Corporation Act. It is the further case of the complainant that the petitioner, being the Sanitary Inspector, in collusion and conspiracy with the second respondent, though a complaint has been given to him, failed to take any action and on his failure of duty, the petitioner is also equally responsible and liable for prosecution and punishment.

(3.) THE learned Magistrate, on receipt of the complaint dated 10. 11. 2003, recorded the sworn statement of the complainant and issued process to the petitioner and other accused.