TARIQUE HUSSAIN Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) AN order dated 25.2.2013 passed by the Sub - Divisional Judicial Magistrate, Patna in Complaint Case No. 2(M) of 2013 whereby and whereunder petitioner has been summoned to face trial for an offence punishable under section 37 of the Air (Prevention and Control of Pollution) Act, 1981, has been put under challenge at the instance of petitioner/accused. Bihar State Pollution Control Board through its Assistant Environment Engineer has filed complaint petition before the Sub -Divisional Judicial Magistrate, Patna containing the gist of allegation that on 27.8.2012, complainant had received complaint from New Era High School disclosing therein that a factory/industrial establishment was under the process of construction and after establishment and its operation, it will cause tell upon the health and studies of the student due to pollution. After receiving the aforesaid complaint, Board had conducted inspection on 3.1.2013 and found a printing press under the name and banner M/s. Global Print Associates in operation. Proprietor/petitioner was present. During inspection, it was also found that two units of printing press was in operation. It has also been disclosed that the accused was required to obtain prior consent (N.O.C.) from the complainant to establish the industry which has not been obtained and on account thereof, has committed an offence punishable under section 37 of the Act.

(2.) BECAUSE of the fact that it happens to be official complaint on account thereof, cognizance has been taken by the learned lower Court and summoned the petitioner vide order impugned, consequent thereupon, instant petition has been filed.

(3.) ON the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that offence had already been committed much before grant of N.O.C. Hence, instant prosecution did not require interference.