RAGHUNATH RAI Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Crirninal Procedure by the applicants praying that the order by the Special Court of Judicial Magistrate 1st Class, Lucknow holding that it has jurisdiction to try the cornplaint be quashed.

(2.) The brief facts of the case are that in the year 1983, the U.P. Pollution Control Board, Lucknow filed a cornplaint against M/s. Modi Distillary, Modi Nagar, Ghaziabad and 10 others alleging that the accused persons had comrnitted the offence punishable under section 44 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Act). On this cornplaint, the Chief Judicial Magistrate, Ghaziabad issued processes against the accused persons. That order was challenged by the accused persons before this Court. This Court, while exercising the revisional jurisdiction, set aside the order by the Chief Judicial Magistrate, concerned. The U.P. Pollution Control Board then filed an appeal before the Honble Suprerne Court. The Honble Suprerne Court, vide its order passed in the year 1987 allowed the appeal and upheld the order passed by the trial court. It also directed the Magistrate concerned to proceed with the trial as expeditiously as possible in accordance with law.

(3.) It appears that during the pendency of the proceedings before the Chief Judicial Magistrate, Ghaziabad, the U.P. Government created a Special Court of Judicial Magistrate I class at Lucknow with effect from 1st August, 1988 to try and inquire into cases arising within the limits of any district in Uttar Pradesh under the Water (Prevention and Control of Pollution) Act, 1974. Later on, the Presiding Officer of that court was appointed by this Court vide order dated 28/8/1988. Subsequently, this Court issued administrative directions by letter dated September 9, 1988 directing that all cases pending in other courts under the above mentioned Act should be transferred to the special court of Judicial Magistrate First Class, Lucknow. In accordance with this order, the present complaint was also transferred to that court. It is now pending in the same court. The accused persons then raised contention before the special court of judicial Magistrate First. Class, Lucknow asserting that under the relevant Government Order, only the fresh cases instituted after 1st August, 1988 could be tried by the special court of Judicial Magistrate 1st Class and not the cases, which were already pending before the competent court. Annexure 6 to the affidavit accompallying the petition is a copy of that objection filed on behalf of the accused persons. The Special Judicial Magistrate, Lucknow, however rejected the objection by his order dated 29.8.1992 holding that he has jurisdiction to try the present complaint also.