GURDEV ICE FACTORY BATALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ORDER :- In this petition under S. 432, Cr. P.C. read with article 227 of the Constitution, prayer made is for quashing of complaint dated 9-2-1995 whereby residents of Mohalla Chander Nagar, Batala, made a complaint to the S. D. M. Batala u/S. 133, Cr. P.C. bringing it to his notice that ammonia gas is leaking from M/s. Gurdev Ice Factory and is injurious to their health and eatables. They had also stated in the complaint that the residents had to run away from their houses to save their lives. They requested that immediate preventive measures be taken to stop leakage of ammonia gas from the factory. Prayer made in this petition is also to quash order dated 14-7-1995 passed by the S. D. M. whereby the petitioner-firm has been directed to stop the functioning of the factory within 7 days from the date of passing of the order and show cause and lead evidence, if any, the order be not made absolute.

(2.) The learned counsel for the petitioner has submitted that the complaint under Section 133 Cr. P.C. ought not have been entertained by the S. D. M. as no case has been registered under Air (Prevention and Control of Pollution) Act, 1981. Reference was made to the case of Abdul Hamid v. Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd., 1989 Cri LJ 2013. (Madh. Pra.) He further contended that the alleged nuisance is continuing for a long period and, therefore, initiation of proceedings is improper. For this, reference has been made to the case of Atma Singh v. State of Punjab (1973-77) Suppl. CLR 214, Finally, he contended that the S. D. M. was biased against the petitioner.

(3.) Two sets of written statements have been filed on behalf of Respondent No. 2, namely, Gurmel Singh, S. D. M., Batala and the residents of the locality i. e. Respondent Nos. 3 to 7.