GOLDEN SEAM TEXTILES PVT. LTD Vs. KARNATAKA STATE

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C, praying this Court to set aside the order of taking cognizance and issue of process dtd. 14/2/2012 passed by the Civil Judge and JMFC, at Nelamangala, Bengaluru Rural District in C.C.No.323/2012 for the offences punishable under Ss. 41(2) and 43 of Water (Prevention and Control Pollution) Act, 1974 ('the Act' for short) and quash the entire proceedings insofar as the petitioners are concerned and pass such other relief/s as this Court deemed fit in the facts and circumstances of the case.

(2.) The factual matrix of the case is that the respondent had initiated the proceedings against the petitioners herein by filing a complaint invoking Ss. 25 and 26 of the Water Prevention and Control of Pollution Act, 1974, making the allegation that the offences are punishable under Ss. 41 and 44 of the Act against the petitioners herein and also accused No.3 for violation of Sec. 25(1) of the said Act and also the offences punishable under Ss. 41 to 44 of the Act against accused Nos.1 to 3 for violation of Sec. 33A of the Act regarding non compliance of the directions of the complainant-Board.

(3.) Learned Magistrate, after considering the averments made in the complaint and also the documents, vide order dtd. 14/2/2012 passed an order of taking cognizance and comes to the conclusion that sworn statement of the complainant is dispensed with under Sec. 200(a) of Cr.P.C. and thereafter, considering the material available on record took cognizance of the offence against the petitioners herein and other accused.