ANITA TYRE RETREADING WORKS Vs. CITY MAGISTRATE MUZAFFARNAGAR

JUDGEMENT

(1.) The petitioner assails an order passed by the City Magistrate, Muzaffarnagar in Case No. 1/11 of 1988, under section 133 IPC, P. S. Nai Mandi, District Muzaffarnagar (as contained in Annexure 12) overruling its objection that he has no jurisdiction to decide the proceedings. In doing so the learned Magistrate has placed reliance on a judgment/order dated 2-3-1987 of the Andhra Pradesh High Court in Criminal Misc. Petition No. 3028 of 1986 Messrs. Nagar Juna Paper Mills Limited v. Sub Divisional Magistrate.

(2.) Sri Arvind Srivastava, learned counsel appearing on behalf of the petitioner, contended that Sri Shyam Singh Yadav, City Magistrate, Muzaffarnagar who has passed the impugned order lacked jurisdiction to pass it inasmuch as he was not vested with any powers under section 43 of the Air (Prevention and Control of Pollution) Act, 1981 and that at any rate the powers having been conferred on a Judicial Magistrate under section 133 Cr.P.C. he lacks authority to decide the proceeding.

(3.) Sri Sudhir Jaiswal, learned Standing Counsel rebutted the submissions on behalf of the respondents.