Delhi District Court
Mcd vs Avinash Pusharna on 7 July, 2025
IN THE COURT OF PREETI:
JUDICIAL MAGISTRATE FIRST CLASS- 03 (CENTRAL)
TIS HAZARI COURTS: DELHI
State Vs. : Avinash Pusharna
CC No : 181/2025
U/s : 357/397/398 DMC Act
Zone : Karol Bagh
JUDGMENT:
1. Misc. Criminal Case No. : 181/2025 2. Date of commission of offense : 09.05.2025 3. Date of institution of the case : 03.06.2025 4. Name of the complainant : MCD 5. Name of accused, parentage & : Avinash Pusharna S/o Sh. Late K.C. Pusharna 6. Offense complained or proved : 357/397/398 DMC Act 7. Plea of the accused : Pleaded not guilty 8. Date on which order was reserved : 01.07.2025 9. Final order : Acquitted 10. Date of final order : 07.07.2025
1. The accused is facing trial for offence u/s 357/397/398 DMC Act. The genesis of the complaint is that on 09.05.2025 at about 03:42 pm at D-5, 299/300, Ram Nath Vij Marg, Delhi-60, he was found throwing rubbish / polluted material on road which could create hindrance / nuisance in maintaining proper sanitation punishable u/s 357/397/398/461 DMC Act.
2. After registration of case, the challan was filed in the court of Ld. Special Judicial Magistrate, Karol Bagh Zone. The accused pleaded not guilty in the notice u/s 251 Cr.PC and pleaded not guilty pursuant to which the present case was marked CC No. 181/2025 P.S. Rajinder Nagar MCD Vs. Avinash Pusharna Page 1 of 6 to the undersigned by order of ACJM-02 dated 03.06.2025.
3. In order to establish guilt of the accused, complainant has examined two witnesses. The testimonies of the material prosecution witnesses are as follows:
3.1. PW-1 Sh. Satpal deposed that generally, green waste falls from the house of accused bearing no. D/S-299/300 on the main road, Ramnath Vig Marg, Delhi. He had never seen the green waste falling from the house of accused on the main road but he had knowledge of the same. On 09.05.2025 at around 3:42 PM, rubbish / polluted material was found on the road which had caused hindrance in maintaining proper sanitation and the polluted material was thrown from the house of accused. This witness was cross-examined by Ld. counsel for defence.
3.1. PW-2 Sh. Mahender Singh, complainant posted as Assistant Sanitary Inspector deposed that on 09.05.2025, there was a round of Deputy Commissioner. During the inspection, he found that rubbish material / waste articles were lying near the boundary of the house of accused. He captured the photographs. After coming to the office, he prepared the challan and presented before the court. This witness was cross-examined by Ld. counsel for defence.
4. Thereafter, the statement of accused u/s 281 Cr.P.C read with section 313 Cr PC. was recorded wherein all the incriminating circumstances, were put to accused.
The accused submitted that he is innocent and that he has been falsely implicated in the present case. The accused did not lead any evidence in defence and thereafter, matter was fixed for final arguments.
5. Accused argued that complainant could not prove its case as no evidence has come on record indicating that he is guilty. Per contra, complainant argued that rubbish material/ garbage is generally found near the boundary wall of the house of the accused.
6. In order to bring home the guilt of the accused it was incumbent on the part of complainant to establish the essential ingredients of offence u/s 357/397/398 DMC CC No. 181/2025 P.S. Rajinder Nagar MCD Vs. Avinash Pusharna Page 2 of 6 Act, 1957.
7. Section 357 DMC Act, 1957 provides prohibition against accumulation of rubbish, etc. as:-
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Commissioner, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or fail to comply with any requisition of the Commissioner as to the construction, repair, pavement or cleansing of any latrine, or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matter.
(3) No person shall, after due provision has been made in this respect under the foregoing provisions of this Chapter for the deposit and removal of the same--
(a) deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground alongside any street or on the bank of a water course; or
(b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same; or
(c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter.
8. 397. Prohibition of nuisances provides (1) No person shall--
(a) in any public street or public place--
(i) ease himself; or CC No. 181/2025 P.S. Rajinder Nagar MCD Vs. Avinash Pusharna Page 3 of 6
(iv) carry meat exposed to public view; or
(v) picket animals, or collect carts; or
(vi) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(vii) without proper authority affix, upon any building, monument, post, wall, fence, tree or other thing, and bill, notice or other document; or
(viii) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or
(ix) without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or
(x) without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm water-drain, flags or other materials of any such street, or any lamp bracket, direction-post, hydrant or water-pipe maintained by the Corporation in any such street or place, or extinguish a public light; or
(xi) carry rubbish, filth or other polluted and obnoxious matter at any hour prohibited by the Commissioner by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the Commissioner, or fail to close such cart or receptacle when in use; or
(b) carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of any prohibition made in this behalf by the Commissioner by public notice; or
(c) deposit or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted and obnoxious matter in any place not intended for the purpose in any public street or public place or waste or unoccupied land under the management of the Corporation; or
(d) make any grave or burn or bury any corpse at any place not set apart for such purpose; or
(e) at any time or place at which the same has been prohibited by the Commissioner CC No. 181/2025 P.S. Rajinder Nagar MCD Vs. Avinash Pusharna Page 4 of 6 by public or special notice, beat a drum or tom-tom, or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music; or
(f) disturb the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or
(g) let loose any animal so as to cause, or negligently allow any animal to cause, injury, danger, alarm or annoyance to any person; or
(h) save with the written permission of the Commissioner and in such manner as he may authorise, store or use night-soil, cowdung, manure, rubbish or any other substance emitting an offensive smell; or
(i) use or permit to be used as a latrine any place not intended for that purpose. (2) Every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place.
(3) The owner or keeper of any animal shall not allow it straying in a public street or public place without a keeper.
(4) Any animal found straying as aforesaid may be removed by an officer or employee of the Corporation or any police officer to a pound. (5) Swine found straying in a public street or public place shall be liable to be destroyed by any officer or other employee of the Corporation appointed in this behalf.
9. 398. Power of Commissioner to require removal or abetment of nuisance- Where the Commissioner is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or any one or more of these persons, to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
10. I have heard the rival contention of both the parties and perused case records.
CC No. 181/2025 P.S. Rajinder Nagar MCD Vs. Avinash Pusharna Page 5 of 6On perusal of testimonies of CWs, there is nothing in the testimony of either CW-1 or CW-2 which indicates that it was accused who had caused the accumulation of garbage / rubbish material near the boundary wall of his house. Even during the cross-examination, CW-1 Sh. Satpal admitted that he did not see the accused throwing on the road from his house. Furthermore, mark A are the photographs relied upon by the complainant reflecting that some rubbish material is lying on the footpath. However, as per the timestamp in the photo, the photo were captured at 10:15 AM on 09.05.2025 but the notice u/s 251 Cr.PC reflects that the accused was alleged to be found throwing rubbish material on road at around 3:42 PM. Furthermore, the photographs do not indicate that they belonged to the vicinity of house of the accused. In this regard CW-2 admitted in his cross-examination stating that he could not tell from the photographs that they belonged to the vicinity of house of accused. He further admitted that he did not see accused throwing garbage on the road. When either of the complainant witnesses saw the accused throwing the garbage and the photographs relied upon by the complainant do not indicate that they belonged to house of accused, complainant has failed to prove its case beyond reasonable doubt. Therefore, the accused deserves to be acquitted for the offences with which he has been charged. The accused is accordingly acquitted for offence u/s 357/397/398/461 DMC Act.
11. The bail bonds, if any furnished by accused at the time of commencement of trial stands cancelled. Surety, if any stands discharged. Documents, if any shall be returned to its rightful owner as per rules. Endorsement, if any stands cancelled. Case property if any, shall be disposed off after expiration of period to assail this judgment and in case of appeal, as per the directions of Ld. Appellate Court. Challan be consigned to record room after due compliance. Digitally signed by PREETI PREETI Date: 2025.07.07 15:50:28 +0545 Announced in the open court (Preeti) on 7th day of July 2025 JMFC-03(Central), THC, Delhi CC No. 181/2025 P.S. Rajinder Nagar MCD Vs. Avinash Pusharna Page 6 of 6