RAMESH CHANDRA Vs. U P POLLUTION CONTROL BOARD

JUDGEMENT

(1.) U. S. Tripathi, J. The petitioners by moving these petitions under Section 482 Cr. P. C. have prayed for quashing the proceedings pending before City Magistrate, Bareilly in case No. 9 of 1992, 11 of 1992, 10 of 1992, 12 of 1992, 16 of 1992,1 of 1992,19 of 1992,13 of 1992,6 of 1992,14 of 1992,26 of 1992,3 of 1992 and 18 of 1992.

(2.) THE facts giving rise to these peti tions, briefly stated, are that the applicants in above petitions are engaged in business of preparation of "raab" which is a con centrated form of "sheera" is done through open pan process and due to operation of Sheera Bhatti by the ap plicants and the use of husk of paddy and khoi of sugarcane as fuel in the said Bhatti it causes air pollution. Earlier, Pollution Control Board had issued notice under Air (Prevention and Control of Pollution) Act, 1981 to show cause as to why direc tions contained in the Act may not be issued against them. THEy submitted reply to the above notice. In the meantime, the City Magistrate, Bareilly, being satisfied on the application of the Regional Officer, U. P. Pollution Control Board initiated separate proceeding under Section 133 Cr. PC. against the applicants and issued separate conditional order under Section 133 (1) (a) Cr. P. C. requiring the applicant of each petition to stop Bhatti meant for preparation of "raab" or to appear before him to show cause why the order should not be made absolute.

(3.) I have heard the learned counsel for the parties and have perused the record.