ORDER : 1. This Criminal Petition is filed to quash the proceedings against the petitioner/accused in S.T.C. No. 2 of 2022 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad. 2. The petitioner is being prosecuted by the Assistant District Fire Officer, Hyderabad for the reason of violating the provisions of Sections 13 and 19 of Telangana Fire Services Act, 1999 (for short ‘the Act’) and Rules 15 and 17 of Telangana Fire and Emergency Operations and levy of Fee Rules 2006, since precautions were not taken and resulting in Bungalow No. 220 of Secunderabad Club burnt due to fire accident. 3. The petitioner is the President of Secunderabad Club and major fire accident took place on 16.01.2022 when fire was spreading in the building, fire fighting operations were undertaken. The case of the District Fire Officer is that when he visited the premises and inspected the same, it was found that the occupier of the building failed to install the required fire prevention and fire safety measures. Further, the premises was being run without taking any precautionary measures and without obtaining No Objection Certificate for occupancy from the Fire Services Department. The inspection also found that several fire prevention measures which had to be undertaken were not in place. The negligence of the building occupier amounts to violations of the provisions as stated above. 4. Learned counsel for the petitioner submits that the petitioner is the President of Secundrabad Club and according to the bye laws of the club, the Secretary would be the over all in charge of the administration of the club and the petitioner as President is only supervisor. Further, none of the violations as alleged are attracted in the present facts of the case. 5. On the other hand, learned Public Prosecutor submits that for the reason of not following the prescribed measures, fire accident occurred and the petitioner is liable for violations of the provisions as alleged. 6. For the sake of convenience, Sections 13 and 19 of the Telangana Fire Services Act are extracted hereunder: “13. Issue of no objection certificate: (1) Any person proposing to construct a building of more than 15 metres height for commercial/business purpose, 18 metres and above height for residential purpose, and buildings of public congregation like schools, cinema halls, function halls, religious places, which are more than 500 Sq. Issue of no objection certificate: (1) Any person proposing to construct a building of more than 15 metres height for commercial/business purpose, 18 metres and above height for residential purpose, and buildings of public congregation like schools, cinema halls, function halls, religious places, which are more than 500 Sq. Meter in plot area or 6 meters and above in height shall apply to the Director General or any member of the service duly authorised by him in this behalf, before submission of such building plans to the authority or officer competent to approve the same under the relevant law, for the time being in force, for a no objection certificate along with such fee as may be prescribed. (2) The Director General or any member of the service duly authorised by him in this behalf, shall within sixty days of receipt of such application or on inspection being satisfied about the provision of Fire Prevention and Safety measures as stipulated in the National Building Code of India, as amended from time to time, and for ensuring heights and setbacks as per the Hyderabad Municipal Corporation Act, 1955, Telangana urban Areas (Development) Act, 1975, Hyderabad 7 Metropolitan Development Authority (HMDA) Act, 2008, Telangana Municipal Corporations Act, 1994, Telangana Municipalities Act, 1965, Andhra Pradesh Town Planning Act, 1920 and Rules, made there under as amended from time to time shall issue a no objection certificates with such conditions as may be considered necessary and if not so satisfied, reject the same for reasons to be recorded in writing. (3) The authority or Officer competent to approve the building plans before construction under the relevant law for the time being in force, shall not accord such approval except on production of a no objection certificate issued under sub-section (2) wherever required. (4) Any person violating the conditions of a no objection certificate shall be liable to be proceeded against under the provisions of this Act. 19. (4) Any person violating the conditions of a no objection certificate shall be liable to be proceeded against under the provisions of this Act. 19. Owner's or occupier's liability to provide for fire prevention and fire safety measures: (1) The owner or occupier or both, of a building or part thereof shall provide fire safety measures in it and maintain them in good repair and efficient condition at all times, in accordance with the building bye-laws: Provided that, the owner, or occupier of the building or part thereof, the construction of which was completed on or before the date on which this Act comes into force or which was under construction on such date shall undertake and carry out such additional fire prevention and fire safety measures, required under the building bye-laws in force, as are specified in the notice served on him under Section 21. (2) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and fire safety equipment installed in any building or part thereof or instigate any other person to do so.” 7. Section 13 deals with the application which should be made to the Director General of Fire Services when anyone proposes to construct a building more than 15 meters height. Admittedly, the building in the Secunderabad Club was heritage building and for the reason of not undertaking any construction of the building, Section 13 of the Act is not attracted. Under Section 19 of the Act, an occupier of the building shall provide fire safety measures and maintain them in good condition accordance with the building bye laws. Under the proviso to Section 19 of the Act, if the building was completed on or before the date on which the act comes into force (Andhra Pradesh Fire Services Act, 1999 has come into force from 01.06.1999), the occupier shall carryout any additional fire safety measures required under the building bye laws in force as specified in notice served on him under Section 21 of the Act. Admittedly, the building was in existence for more than 100 years and even according to the complainant, no notice was served on the petitioner or the club under Section 21 to carryout out any fire fighting prevention or safety measures. 8. Admittedly, the building was in existence for more than 100 years and even according to the complainant, no notice was served on the petitioner or the club under Section 21 to carryout out any fire fighting prevention or safety measures. 8. Rule 15 of Telangana Fire and Emergency Operations and Levy of Fee Rules, 2006 deals with issuance of No Objection Certificate. The said certificate has to be claimed from the Fire Department when there is a proposal to construct high rise building of more than 15 meters. Rule 27 deals with the authority of any member of services for taking steps in the event of non compliance of notice issued under Rule 26. Rule 26 deals with inspection report after completion of the construction of the building. 9. At the cost of repetition, the Secunderabad Club building is more 100 years old and the Telangana Fire Services Act, 1999 came into force from 01.06.1999. Admittedly, no notice was served under Section 21 of the Act, as such the question of violating the provision under Section 19 of the Act does not arise. Further, Section 13 of the Act is not applicable for the reason of its applicability when a building is proposed to be constructed. Rule 15 is for issuing No Objection Certificate in the event of proposal to construct a high rise building and violation of Rule 27 would be attracted only when there is a violation of Rule 26, which is when an inspecting officer completes inspection of a building and recommends for providing such measures to prevent fire accidents and if such measures are not undertaken, it is a violation under Rule 27 of the Rules. Admittedly there was no such inspection or recommendation for providing fire safety measures as such the question of violating Rule 15 or Rule 27 does not arise. 10. For the reasons discussed above, the violations under Sections 13 and 19 of the Telangana Fire Services Act, 1999 and the Rules 15 and 27 of the Telangana Fire and Emergency Operations and Levy of Fee Rules, 2006 are not made out. 11. In the result, the proceedings against the petitioner in STC No. 2 of 2022 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad, are hereby quashed. 12. Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous applications, if any, shall stand closed.