NAGRAJAN KRISHNA MURTHY, DIRE. GEO. PRIVATE LIMITED Vs. STATE OF UTTAR PRADESH THRU. PRIN. SECY. DEPTT. GOVERNMENT UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Vivek Raj Singh, learned Senior Advocate assisted by Mr. Rajendra Kumar Dwivedi and Mr. Subhash Gulati, learned counsels for the applicant, learned AGA and Mr. Ashok Kumar Verma, learned counsel appearing for U.P. Pollution Control Board and perused the material available on record.

(2.) By means of the instant application under Sec. 482, Cr. P.C., the applicant has challenged the proceedings of Complaint Case No. 102 of 2021 "U.P. Pollution Control Board v. M/s. L&T Geo Structure through its Directors" pending in the Court of Learned Special Judicial Magistrate Pollution/CBI (Water Air Pollution Control Lucknow) Lucknow, as well as the impugned summoning order dtd. 29/3/2022 passed by the Court of learned Special Judicial Magistrate, Lucknow in the above mentioned Complaint Case No. 102 of 2021, whereby the Petitioner has been summoned as an accused for commission of offence under Sec. 37 of Air (Prevention and Control of Pollution) Act, 1981 (herein referred to as "the Act, 1981").

(3.) Learned counsel for the applicant submits that during pendency of the present proceedings, Subbaiya Kanappan, Director of L&T Geo Structure Pvt. Ltd. (in short 'Company') was arraigned as a co-accused in the matter, passed away on 25/4/2020. So the complaint case against him stands abated.