LAWS(TLNG)-2023-1-107

J. AJAY CHOUDHARY Vs. STATE OF TELANGANA

Decided On January 18, 2023
J. Ajay Choudhary Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner/Accused in FIR No.32 of 2022 on the file of P.S.Shadnagar.

(2.) The case against the petitioner was registered for the offence under Sec. 188 of IPC on the basis of a complaint lodged by Assistant Executive Engineer, Irrigation Department, Shadnagar. In the complaint, the Assistant Executive Engineer stated that during her visit to Pocham Cheruvu, it was observed that Mahadev Mart, Indian Oil Petrol Bunk were newly constructed in FTL and buffer zone area of Pocham Cheruvu. The petitioner had applied for NOC in Sy.No.42/A and 375/A and later withdrew the said applications for personal reasons. However, he has constructed the said Mahadev Mart and Indian Oil Petrol pump in the very same survey number. In accordance with G.O.No168, dtd. 7/4/2012, 30 meters buffer should be provided from the FTL boundary of Lake and no building activity shall be allowed. If the land is in bed land falling under FTL and buffer zone, such private persons are not allowed to take up any construction or any kind of development activity. For the reason of buildings being constructed and petrol bunk put up in the FTL and buffer zone, requested to register a criminal case against the petitioner.

(3.) On the basis of the said complaint, the police, Shadnagar registered a case under Sec. 188 of IPC.