THOMAS VARGHESE Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeks the following prayers:

(2.) The brief facts, necessary for the disposal of the present petition are set out as follows:

(3.) Learned Senior Counsel appearing on behalf of the petitioner, on instructions, seeks determination of the present petition primarily on the ground of non-compliance/violation of Sec. 19 of Environment (Protection) Act, 1986. It was submitted that learned Metropolitan Magistrate was empowered to take cognizance of offence under the said Act only on the complaint made by the Central Government or any authority or officer authorized in this behalf by that Government. Attention of this Court was drawn to the notification dtd. 7/1/2009 whereby, Chairman and Member Secretary of DPCC were authorized by the Central Government to lodge the complaint under Sec. 19 of the Act, however, the present impugned complaint has been filed by one Shri M.S. Rawat, Assistant Environment Engineer, who admittedly, was authorized by the Chairman and Member Secretary but not by the Central Government. It was submitted that in view of the above, the cognizance taken by the learned Metropolitan Magistrate is bad in law and deserves to be quashed.