H R JOSHI Vs. CHANDUBHAI D BOSAMIAY

JUDGEMENT

(1.) This is a Criminal Revision Application under Section 397 of the Criminal Procedure Code (for short `Cr.P.C.') filed by original complainant of Criminal Case No.402/89 which is still pending on the file of the learned Judicial Magistrate, First Class, Jetpur, District Rajkot, (for short `the learned Magistrate'), challenging legality, correctness and propriety of order dated 16.1.1990 passed by the learned Magistrate below Application Exh.4 presented by the complainant seeking an order under Sec.33 of the Water (Prevention and Control of Pollution) Act, 1974, (same will be referred to as `the Act' for brevity) for restraining the accused for that case alleging that accused is likely to cause pollution within the meaning of Sec.2(e) of the Act. By that order which is challenged in this application the learned Magistrate was pleased to reject the said application Exh.4 presented by the complainant in the aforesaid case.

(2.) Here in this Criminal Revision Application, the applicant is the complainant whereas the opponent No.1 is an accused in aforesaid case and, therefore, parties will be referred to as the `complainant' and `accused' respectively at appropriate places.

(3.) The facts leading to this Criminal Revision Application in a nutshell are as follows: