BADRUDEEN Vs. STATE

JUDGEMENT

(1.) THE petitioner against whom the respondent has filed a complaint, now pending before the XX Metropolitian Magistrate, Nungambakkam, madras - 34 for an offence under section 287 read with 357 of the Madras City municipal (Corporation) Act, 1919 (IV of 1919) (hereinafter referred to as the act), invokes the inherent powers of this Court under section 482, Criminal procedure Code, to quash the above Complaint.

(2.) THE above prosecution has been instituted against the petitioner on the allegation, that he is the representative of Buhari & sons Private Ltd. , Egmore, Madras -8 and that the said Buhari & Sons, was found running Mill for grinding flour, condiments and soap nut power using 10 h. P. Motor at premises No. 1, First Main Road, Shastri Nagar, Madras 20, without obtaining the necessary licence from the Commissioner, Corporation of Madras, as required under the above Act.

(3.) THE Complaint as well the notice that has been sent to buhari & Sons Private Ltd. , by the respondent show, that Buhari & Sons private Ltd. , No. 6, Gandhi - Irwin Road, Egmore, Madras - 8 was found running a mill for grinding flour, condiments and soap nut powder using 10 H. P. Motor at no. l. First Main Road, Shastri Nagar, Madras - 20. THE definition of'owner' as found in S. 3 (17) is as follows: 'owner'includes (a) the person for the time being, receiving or entitled to receive, whether on his own account, or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used, (b) the person for the time being in charge of the animal or vehicle in connection with which the word is used. "