TOWN MUNICIPAL COUNCIL SIRA, TUMKUR DISTRICT BY ITS COMMISSIONER SRI S. SIDDARAMAIAH S/O SHIVANNA Vs. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN NO. 49, CHURCH STREET BANGALORE - 560001 REP BY ITS DEPUTY ENVIRONMENTAL OFFICER REGION

JUDGEMENT

(1.) THE petitioner is aggrieved by the Court below declining to allow the application filed under Section 245 (2) of the Cr.P.C. The facts in brief are that a complaint was filed under Section 200 of Cr.P.C. by the first respondent -Karnataka State Pollution Control Board alleging commission of various offences by the, petitioner. The petitioner filed an application for discharge under Section 245(2) of Cr.P.C. The said application was dismissed by the Trial Court on the ground that the question of discharging the accused would arise only after recording the evidence before charge.

(2.) I have heard Learned Counsel for the petitioner and Sri Karunakar, learned HCGP, who is directed to take notice for the first respondent -Karnataka State Pollution Control Board.

(3.) I , therefore, see no error committed by the Court below and the provisions contained under Section 245 of Cr.P.C. have been taken note of by the Court below, apart from relying on several judgments. Since liberty is also given to the petitioner to make an application for discharge after the evidence is taken, the petitioner can very well avail the said opportunity given to him.