The Karnataka High Court has quashed criminal proceedings against Le Meridien hotel and its executive for an allegedly unauthorised hoarding, holding that the prosecution failed to establish sanction and proper notice.
Karnataka HC Quashes Case Against Le Meridien for Unauthorised Hoarding
The Karnataka High Court has quashed criminal proceedings initiated against Bengaluru-based five-star hotel Le Meridien and its Vice President (Finance) and Company Secretary, MS Reddy, in relation to the alleged unauthorised erection of a hoarding on hotel premises. Justice HP Sandesh delivered the ruling on September 19 in the case titled M S Reddy and Others v. State of Karnataka.
The prosecution was based on the Karnataka Open Places (Prevention of Disfigurement) Act, which mandates prior permission for hoardings in public spaces. The Court observed that the State failed to demonstrate that statutory notice was served upon the accused under Section 13 of the Act, a mandatory precondition for initiating prosecution. Additionally, the Court noted the absence of sanction for prosecution as required under Section 15(2), rendering the proceedings legally unsustainable.
The initiation of proceedings without service of notice and without prosecution sanction is contrary to the express provisions of the Act and vitiated in law.
The High Court also emphasized that the hotel acted in good faith and had engaged with municipal authorities. The lack of malafide and procedural infirmities led the Court to invoke its inherent powers under Section 482 of the BNSS (corresponding to Section 482 CrPC) to quash the case. Practitioners should assess notice and sanction requirements before proceeding under special statutes.
Citations
- M S Reddy and Others v. State of Karnataka (2026)
