K SRINIVAS RAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), seeking to quash the proceedings against the petitioner -accused in C.C.No.222 of 2012 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram, for the offences punishable under Sections 448, 352, 427 and 506(2) of the Indian Penal Code, 1860 (for short 'I.P.C').

(2.) THE brief facts of the case is that respondent No.2 filed a private complaint against the petitioner before the Additional Judicial Magistrate of First Class, Vizianagaram, stating that she was the auction purchaser of lease hold rights of shop room Nos. 16, 17 and 22 of I.D.S.M.T. shopping complex of the Vizianagaram Municipality adjoining to the Municipal Office, Vizianagaram, along with one Chekuri Venkatachalam her partner. They have participated in the auction conducted on 05.08.2010 and became the highest bidder of shop No.16 and they have deposited Rs.1,00,000/ - for the said shop and agreed to pay the rent of Rs.3,420/ - p.m. Same was published in Sakshi Telugu newspaper dated 06.08.2010. Whileso, a notice in R.C.No.27 -65/2003/1 dated 22.08.2010 was issued to respondent No.2 stating that municipal rent is fixed for Rs.7,942/ - contrary to the information furnished in the paper notification dated 06.08.2010. The second respondent got issued a legal notice dated 22.10.2010 to the Municipal Commissioner, Vizianagaram Municipality, stating that she is not willing to pay the enhanced amount and also to cancel shop room No.16 and to refund the sum of Rs.1,00,000/ - deposited by her. The second respondent in the complaint also stated that on 27.10.2010 at about 05:30 p.m, the petitioner along with municipal staff trespassed into shop room No.16, abused her in filthy language and threatened the lady workers to go out of the shop and damaged the stock in trade, despite the protest made by her without giving any notice to close the shop. Hence, she lodged a complaint before the Station House Officer, II Town Police Station, Vizianagaram, on 27.10.2010. But no action has been taken requesting the matter to refer for investigation and report. As the police have not registered the complaint given by the second respondent, she filed a private complaint and the same was numbered as C.C.No.222 of 2012.

(3.) THE petitioner contended that he never committed any alleged offence and he is innocent and the facts mentioned in the complaint are false and baseless and created for the purpose of this case. According to the petitioner, on 05.08.2010, the Municipality Vizianagaram, conducted an auction for the lease hold rights of shops in I.D.S.M.T shopping complex through public auction by fixing the Government rate per Square Feet @ Rs.35/ - and other conditions of the auction. As per the conditions, the participants shall produce a solvency certificate issued by the Tahsildar for Rs.1,00,000/ - and if he cannot produce the same, he has to deposit Rs.1,00,000/ - cash in lieu of the solvency certificate, with the municipality and also deposit Rs.15,000/ - as auction deposit before participating in the auction. After becoming the successful bidder, he has to pay Rs.1,00,000/ - towards good will, which is nonrefundable and shall also deposit six months rent in advance. The auction purchaser has to deposit the required fee for stamp duty and registration of lease deed and these rules and regulations were specifically published in the district Gazette No.41/10/A8 dated 02.03.2010. The second respondent having thorough knowledge about the same, participated in the auction and became successful bidder for shop Nos.16 and 22, and shop No.16 comprising of total extent of 209 Sq. Feet is knocked down for Rs.38/ - per Sq. Feet in favour of respondent No.2 and she has to pay a monthly rent of Rs.7,942/ -. The Municipal council has resolved vide its resolution No.125 dated 12.08.2010, the confirmation of auction in favour of respondent No.2 in respect of shop room Nos.16 and 22 and also issued a notice dated 12.08.2010 intimating the monthly rent of other payments which shall be paid by the second respondent. On 24.08.2010, another notice was issued demanding the second respondent to pay the good will advance etc. When she failed to pay the same, a final notice was issued on 05.10.2010 demanding the second respondent to pay good will amount of Rs.1,00,000/ - and Rs.32,652/ - towards six months deposit and for registration of the lease deed as Rs.7,150/ - within three days. Though the notice was served on second respondent, no payment was made and filed the false complaint to harass the petitioner. At that time, the petitioner was working as Revenue Inspector, Vizianagaram Municipality. The petitioner also stated that second respondent already filed a civil suit on the file of Senior Civil Judge, Visakhapatnam, against the petitioner and the Commissioner, Municipality, Vizianagaram in O.S.No.21 of 2011 for perpetual injunction and the same is pending. It is also stated that the petitioner is a public servant. Before taking cognizance of the alleged offence, previous sanction from the State Government should be taken as contemplated under Section 197 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C'). Therefore, petitioner prayed the Court to quash the proceedings in C.C.No.222 of 2012 on the file of the Judicial Magistrate of First Class, Vizianagaram.