LAWS(P&H)-2025-5-167

SRM UNIVERSITY Vs. HARYANA POLLUTION CONTROL BOARD

Decided On May 23, 2025
SRM UNIVERSITY Appellant
V/S
Haryana Pollution Control Board Respondents

JUDGEMENT

(1.) Petitioners have invoked the inherent jurisdiction of this Court under Sec. 482 of the Cr.P.C. seeking quashing of criminal complaint No.32/2020 dtd. 2/9/2020 (Annexure P-11) titled as 'Haryana Pollution Control Board Versus M/s SRM University and others' filed under Ss. 44 and 47 for violation of Sec. 25 of The Water (Prevention and Control of Pollution Act), 1974 (hereinafter referred to as 'the Water Act') and under Ss. 37/40 of The Air (Prevention and Control of Pollution Act), 1981 (hereinafter referred to as 'the Air Act') and all the subsequent proceedings arising therefrom including the summoning order dtd. 2/9/2020 (Annexure P-12) passed by learned Presiding Officer, Special Environment Court, Kurukshetra.

(2.) Learned senior counsel appearing for the petitioners has assailed the summoning order dtd. 20/9/2020 passed by learned Presiding Officer, Special Environment Court, Kurukshetra, contending that the order suffers from manifest legal infirmities and reflects a mechanical exercise of jurisdiction, devoid of compliance with statutory preconditions laid down under the Water Act and the Air Act.

(3.) The learned senior counsel advanced the following submissions: