RAVI SHANKER GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure seeking quashing of FIR No. 99 dtd. 17/3/2016 registered under Sec. 188, I.P.C., under Sec. 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and under Sec. 33-A of The Air (Prevention and Control of Pollution) Act, 1981 at Police Station Mujessar, District Faridabad. FACTUAL BACKGROUND

(2.) The facts, in brief, are that the petitioner is the proprietor of the M/s. Mahadev Forgings and Components Firm. The said unit was installed in the year 2005 after obtaining the necessary permissions and engaged in manufacturing the automobile parts by forging and compressing the raw material in hot furnaces. The Haryana State Pollution Control Board issued an order dtd. 12/9/2014 for closure of the unit being run by the petitioner on grounds that the same was being run without obtaining necessary permissions. The aforesaid order of closure was challenged before the Appellate authority concerned but appeal was dismissed vide order dtd. 21/11/2014 (Annexure P-2), upon which the unit was again sealed by the authorities. During an inspection on 30/12/2015, the unit of the petitioner was found to be operating illegally after breaking the seal imposed by HSPCB, Ballabgarh Region, i.e., in contravention to the provisions of Sec. 33-A of the Water Act, 1974 and 33-A of the Air Act, 1981. Thereupon, the impugned FIR (Annexure P-1) came to be registered against the petitioner on complaint received from Sh. KL Nagpal alleging that the said unit was operating by tempering and breaking the seal affixed by the authorities. CONTENTIONS

(3.) Learned counsel for the petitioner inter alia contends that as per Sec. 49 of the "The Water (Prevention and Control of Pollution) Act, 1974 (hereinafter Water Act), no Court shall take cognizance of any offence under the Act except on a complaint made by the Board or any authorised person and similar provisions exists under Sec. 43 of the "The Air (Prevention and Control of Pollution) Act, 1981(hereinafter Air Act). He further submits that even FIR under Sec. 188 of the Indian Penal Code cannot be registered in view of the bar created under Sec. 195 of the Cr. P.C. The impugned FIR is liable to be quashed in view of the statutory provisions contained in Sec. 49 of the Water Act, Sec. 43 of the Air Act and Sec. 195 of the Code of Criminal Procedure, 1973.