AJAY KUMAR AGARWAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C., to quash the First Information Report in Crime No. 322 of 2012 on the file of the Charminar Police Station, Hyderabad. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the State.

(2.) The Conservation Assistant Incharge, Charminar, Hyderabad had sent a written report to the Station House Officer, Charminar Police Station, Hyderabad alleging that one unauthorized construction of Shiva Temple, near Charminar, Hyderabad, vide D. No. 21-2-246 is being carried out by Sri Ajay Kumar Agarwal S/o. Vijay Kumar Agarwal, the petitioner herein, and the aforesaid construction falls within the prohibited area within 100 meters from Charminar, a centrally protected Monument, and it is in contravention of the provisions of Rule 33 of the Ancient Monuments and Archaeological Sites and Remains Rules 1959 as amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (10 of 2010) (for short 'the Act'). It is also mentioned in the said report that a show cause notice was issued to the petitioner on 21-08-2012, but the same was not replied by the petitioner. The Conservation Assistant made a request to the SHO, P.S. Charminar to file FIR against the petitioner.

(3.) The SHO, P.S. Charminar received the said report on 16-11-2012, made an entry in the General Diary and communicated to the de facto complainant stating that the provisions of Section 30A and B of the Act are non-cognizable in nature and advised him to approach the Magistrate concerned. Thereafter, it seems that the petitioner filed a complaint before the Chief Metropolitan Magistrate, Nampally and that the learned Magistrate forwarded the case to the SHO, Charminar Police Station for the purpose of investigation. On receiving the same, the SHO, Charminar P.S., registered a case in Crime No. 322 of 2012, which is now sought to be quashed in the FIR.