ASTAD PARAKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. K.P. Rawal waives service of rule for respondent State.

(2.) The petitioner seeks quashing of complaint Annexure-A. Complaint is with respect to pollution allegedly caused by original accused no.1 which was a private limited company. Rest of the accused were stated to be the Directors of the said company. The petitioners are original accused No. 4 and 5. In the complaint it is stated inter-alia that accused No.1 is a private limited company, accused No. 2 to 5 are its partners and administrators. They are therefore, co-accused and are jointly and severally responsible for the offence.

(3.) Counsel for the petitioner submitted that the company was situated at Anand. The petitioners from beginning were residing permanently at Mumbai. They were in no way connected with the day to day affairs of the company or in any manner responsible for the conduct of the affairs of the company. From the complaint, it can be seen that there is nothing to show that the present petitioners were in-charge of or responsible tot he company for conduct of the business.