SUBHASH SHIRODKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Lotlikar, learned Senior Counsel for the petitioners and Mr. Rivankar, learned Public Prosecutor for the respondents.

(2.) This petition, under Section 482 of the Criminal Procedure Code, 1973, has been filed for quashing of F.I.R. registered on 10/07/2013 by the Officer in charge of Ponda Police Station being F.I.R. No. 169/2013; the Charge Sheet No. 253/2013 dated 30/12/2013 and the proceedings filed in the Court of Judicial Magistrate, First Class at Ponda against the petitioners for offences under Section 5 of Environment (Protection) Act, 1986 (the Act, for short) read with Rules 5 and 6 of Bio-Medical Waste (Management and Handling) Rules, 1998 (the Bio-Medical Waste Rules, for short) and Sections 199, 269, 297, 336, 447 read with 34 of Indian Penal Code (I.P.C., for short).

(3.) The said Charge Sheet, which has culminated into Criminal Case No. 1/S/IPC/2014/C, has been filed altogether against 11 accused persons. The petitioners are accused nos. 4 to 9 and B1 and B2. The petitioners are the members of Management Committee of "Shri Kamaxidevi Homeopathic Medical College and Hospital, Shiroda- Goa", run by Shivgram Education Society, which is a society registered under the Societies Registration Act, 1966. Shri Kamaxidevi Homeopathic Medical College and Hospital, Shiroda- Goa conducts B.H.M.S. Degree course of 5 and half years' duration. The said college is affiliated to the Goa University and is recognised by the Government of Goa and by the Central Council of Homeopathy and also by the Ministry of Health and Family Affairs, Department of AYUSH, Government of India. For teaching the subjects, the College requires cadavers and procures them from them Goa Medical College, under due sanction accorded by the Government.