THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5576 of 2008 ORDER: This petition is filed to quash the proceedings in S.T.C.No.4 of 2008 on the file of III Additional Chief Metropolitan Magistrate, Hyderabad registered under Sections 13, 19 and 22 of the Andhra Pradesh Fire Service Act, 1999 (for short “the Act”). It is the contention of the learned counsel for the petitioner/accused that the petitioner gave her land to a developer for the purpose of constructing flats therein and accordingly, flats were constructed subject to giving him some flats and he got nothing to do with the ownership of the flats nor happened to be the occupier of the flats and without complying with the statutory provisions of Section 21 of the Act, the complaint was filed by the Assistant District Fire Officer, Ongole, Prakasam District for the purpose of prosecuting the accused under Sections 13, 19 and 22 of the Act on the ground that she failed to provide necessary fire extinguishes in the flats as contemplated under Section 13 of the Act and therefore, the proceedings in the S.T.C. are to be quashed. It is the contention of the learned Public Prosecutor that a publication was issued and in fact, no statutory notice was issued either to the petitioner or to the builder to take necessary measures and that the publication is deemed to be valid compliance of issuance of the statutory notice. The contention of the learned counsel for the petitioner is that as per Section 21 of the Act, there should be clear service of notice on the petitioner and the publication is not a valid compliance of issuance of notice and therefore, it is a fit case to quash the proceedings under Section 482 Cr.P.C. on the ground of abuse of process of law. Now it is to be considered as to whether the proceedings in S.T.C. are to be quashed on the ground of non-service of notice as contemplated under Section 21 of the Act. Section 21 of the Act reads as under: Notice regarding fire prevention and fire safety measures: The authorized officer or any other member of the service empowered by him in this behalf may, after completion of the inspection of the building or premises or part thereof, record his views on the deviations from or the contraventions of, the building bye-laws with regard to the fire prevention and fire safety measures or the inadequacy or non- compliance of such measures provided or to be provided therein with reference to the height of the building or premises or the nature of activities carried on in such building or premises or part thereof, and issue a notice to the owner or occupier of such building or premises or part thereof directing him to undertake such measures within such time as may be specified in the notice. The above Section clearly contemplates that a notice should be given for necessary compliance. It is significant to note that the paper publication was issued to all those concerned in that context and hence, it cannot be said that the complaint is misconceived. Taking into consideration, all the relevant circumstances, it is to be mainly examined as to under what circumstances the publication was issued. It is clearly a question of fact which has to be decided by the lower Court. In view of the over all circumstances of the case, it is difficult to say at this stage that there has been abuse of process of law. Hence, I am not inclined to allow the petition. In the result, the petition is dismissed directing the lower Court to dispose of matter within a period of three months from the date of passing of this order examining the relevant circumstances independently. G. KRISHNA MOHAN REDDY,J Dt. 07.04.2011 Lvl THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5576 of 2008 Dt. 07.04.2011