N. CHANDRASHEKAR Vs. KARNATAKA STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) The relief claimed in the petition is to quash the entire proceedings pending against the petitioner in C.C.No.526/2015 on the file of Prl. Civil Judge and JMFC, Hosadurga, Chitradurga.

(2.) Essential facts necessary for consideration of the petition are as follows:-

(3.) Before the learned magistrate, petitioner relied on the decision of this Court in the case of Sri. D.H. Raya Vs. Karnataka State Pollution Control Board and another rendered in Crl.P.No.831/2007 dated 18.01.2012 in support of his contention that institution of criminal action without previous sanction under section 197 Cr.P.C. and without issuance of statutory notice as contemplated under section 49(1) (b) of the Water Act is bad in law. However, the learned magistrate by its order dated 27.06.2016 dismissed the application holding that as per section 48 of the Water Act, complaint against the petitioner/accused is maintainable without previous sanction from the Government and it is for the petitioner/accused to show before the Court that the offence was committed without his knowledge or that he exercised all due diligence to prevent commission of such offence.