Dear Sir,
1. Whether Judicial Magistrate is empowered to issue Show cause notice to the Commissioner, if a complaint is presented for the removal of Public Nusiance u/s 667 of Hyderabad Municipal Corporation Act without getting the same numbered as a C.C and based on C.F number ?
2. After show cause notice, if the Commissioner filed a counter stating that he would remove nusiance as per the notice issued by him u/s 456 of Hyderabad Municipal Corporation Act to the owners of the building, after that learned Magistrate passed an order directing the Municipal Corporation, Nellore, to remove the Public Nusiance within 15 days. However the Corporation did not complied. At this stage whether the Magistrate is competant to pass orders directing the Complainants to approach the Civil courts and closed matter, please clarrify how the situation should be dealt in a Criminal Appeal u/s 668 of Hyderabad Municipal Corporation Act. Kindly let me know some case laws regarding the irregularities committed by the Magistrate in dealing the case in after taking sworn statements from the complainants.
Please help me