J V PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Special Criminal Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner herein original complainant Gujarat Pollution Control Board to quash and set aside the impugned judgement and order dated 20/10/2006 passed by learned Additional Sessions Judge, Fast Track Court No.4, Vadodara in Criminal Revision Application No.185 of 2001 as well as order passed by learned Judicial Magistrate, First Class, Savli dated 17/08/2001 passed below Exh-87 in Criminal Case No.411 of 1994, by which, learned Magistrate has discharged respondent Nos.2 to 7 herein original accused for the offences punishable under Sections 43 and 44 read with 47 of the Water (Prevention and Control of Pollution) Act, 1974 [hereinafter referred to as "the Water Act"] for breach of Sections 24 and 25 of the Water Act.

(2.) FACTS leading to the present petition, in nutshell, are as under: The petitioner herein original complainant has filed/instituted Criminal Case No.411 of 1994 against the accused persons for the offences punishable under Sections 43 and 44 read with 47 of the Water Act, who was authorised person to file the complaint for and on behalf of the Gujarat Pollution Control Board. That the learned Magistrate directed to issue summons/ process against the accused persons for the offences punishable under Sections 43 and 44 read with 47 of the Water Act. Thereafter, the accused persons submitted application Exh-87 in Criminal Case No.411 of 1994 before learned Judicial Magistrate, First Class, Savli for discharge solely on the ground that the petitioner, who filed the complaint was not authorised and he cannot be said to have authority to file the complaint. Relying upon decision of the learned Single Judge of this Court reported in 2002(1) GCD 472, learned Magistrate has allowed the said application and discharged the accused persons on the ground that the petitioner was not having authority to file the complaint for and on behalf of the Gujarat Pollution Control Board. Being aggrieved by and dissatisfied with the order passed by learned Judicial Magistrate, First Class, Savli dated 17/08/2001 passed below Exh-87 in Criminal Case No.411 of 1994 in discharging the accused persons, the petitioner herein original complainant preferred Criminal Revision Application No.185 of 2001 before learned Sessions Court, Vadodara and learned Additional Sessions Judge, Fast Track Court No.4, Vadodara by order dated 20/10/2006 has been pleased to dismiss the said Criminal Revision Application and has confirmed the order passed by learned Judicial Magistrate, First Class, Savli. Being aggrieved by and dissatisfied with the aforesaid two orders, the petitioner herein original complainant has preferred the present petition under Article 227 of the Constitution of India.

(3.) MR.K.L.Pandya, learned Additional Public Prosecutor has supported the learned advocate appearing on behalf of the petitioner herein original complainant and has requested to allow the present petition.