J S HUJA Vs. STATE

JUDGEMENT

(1.) This is an application under S.482. Cr. P.C. wherein three applicants who are being prosecuted for violation of the Water (Prevention and Control of Pollution.) Act, 1974, have prayed that the complaint pending in the court of the Magistrate against them and filed by Law Officer of U.P. Pollution Control Board be quashed. The following points were pressed at the time of admission initially :-

(2.) When the Court proposed to dictate the order, the learned counsel made a request that the case be listed again for admission. The Court ordered on 7-2-89 that the case was already listed for admission. All the same one week was allowed to the applicants to show law, if any. Ultimately, the case was fixed for judgement. Then the applicants have moved an application for amendment. Through this application following points have been raised :-

(3.) In order to support the arguments that the applicants are no longer Directors, some papers have been filed to show that they have retired, though the date of retirement is not clear. Section 47(1) of the Act runs as under :-