V C CHINNAPPA Vs. KARNATAKA STATE POLLUTION

JUDGEMENT

(1.) THE petitioner is a Commissioner of Nippani municipality, Nippani. The Municipal Corporation even though had the approval to put up a treatment plant and then discharge the effluents into the Ambalajhuri river, on the same being refused for a further period by proceedings dated 30. 12. 2006, preferred an appeal under Section 28 which is pending before the Appellate Authority. In the meanwhile, the Pollution control Board (hereinafter referred to as 'the Board') had taken legal action against the petitioner before the jurisdictional Magistrate for having committed an offence under Section 48 of the Water (Prevention and control of Pollution) Act, 1974 (hereinafter referred to as 'the Water Act' ). Section 48 of the Water Act reads as hereunder:

(2.) THE complaint lodged by the respondent before the jurisdictional magistrate is also supported by the inspection report, notice of intention, mahazar copy and the analysis report etc. Aggrieved by such legal action initiated by the Board, the petitioner has preferred the above writ petition contending that the action initiated against the petitioner is without jurisdiction for want of previous sanction from the Government for taking action against the petitioner who is a public servant as per Section 197 of cr. P. C. Accordingly, the petitioner has prayed for a writ of certiorari to quash the complaint and all proceedings in C. C. No. 728/2008 pending on the file of the Judicial Magistrate First Class, Nippani and any other order as this Court deems fit.

(3.) MR. Bhagwat, learned Counsel for the petitioner invited our attention to Sections 4 and 5 of Cr. P. C. that are extracted hereunder: