VISHAL CHANDRAKANT MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally.

(2.) By this petition, petitioner Vishal Mhatre - original accused no.2 in Regular Criminal Case No.1074 of 2012 for the offence punishable under Section 15(1) and 15(2) of the Environment (Protection) Act, 1986, is challenging the judgment and order dated 7th October 2015 passed by the learned Additional Sessions Judge, Thane, in Criminal Revision Application No.166 of 2012 thereby allowing the petition and quashing and setting aside the order of discharge passed below Exhibit 11 on 30th June 2012. The learned trial Magistrate was pleased to discharge the petitioner/accused of offences punishable under Sections 15(1) and 15(2) of the Environment (Protection) Act, 1986, by holding that the complaint filed by the Tahsildar alleging these offences suffers from non-compliance of mandatory provision of Section 19 of the said Act, as notice of not less than 60 days was not given by the complainant, in adherence of provisions of Section 19(b) of that Act.

(3.) In exercise of revisional jurisdiction, order of discharge passed in favour of the petitioner came to be set aside by the revisional court with a finding that the complaint was not lodged by an individual person and Section 19(b) of the Environment (Protection) Act, 1986, is not applicable to the case in hand as the complainant is a government servant authorised by the Tahsildar.