NALIN THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The two learned Judges of this Court having found conflict between the two decisions of this Court in Municipal Corpn. of Delhi V/s. Ram Kishan Rohtagi and State of Haryana V/s. Brij Lal Mittal taking one view and U.P. Pollution Control Board V/s. Modi Distillery taking another view, opined that the matter requires to be heard by a Bench of three learned Judges. By this way, the matter, therefore, has come before us.

(2.) The core question that arises in the context of Criminal Case No. 6 of 1990, filed by the respondents against the appellants under Sections 24 and 25, punishable under Sections 43 and 44 read with Section 47 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as "the Act"). On the complaint, the Magistrate, taking cognizance of the offence, ordered issue of the process to the appellant herein. It is at this stage the appellants, who were the directors of the Company, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 before the High Court for quashing the proceedings pending before the Vth Joint Judicial Magistrate, First Class at Bhavnagar, being Criminal Case No. 6 of 1990. The Gujarat High Court rejected the said criminal miscellaneous application. It is against the said order and judgment of the High Court, the appellants are in appeal before us.

(3.) Learned counsel appearing for the parties, however, agreed that keeping in view the special facts and circumstances of this case, the question referred to us need not be answered.