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| Violating instructions of an officer of SMC does not amount to any criminal offence: HC | | |
Early Times Report
SRINAGAR, Apr 19: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court while quashing FIR 10 of 2020 for offence under Section 353 IPC registered with Police Station, Khanyar, Srinagar observed that violating the instructions of an officer of the Municipal Corporation does not amount to any criminal offence.
The Corporation does have the powers under the relevant provisions of law to demolish the unauthorized structures and for this purpose, they can also take assistance of the police but simply because the petitioner has not adhered to the instructions of the complainant does not make out a case of offence under Section 353 IPC. In these circumstances, continuance of the criminal proceedings on the basis of the impugned FIR against the petitioner would be nothing but an abuse of process of law.
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