IMAMULLAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Khurshid Alam, learned Counsel, appearing on behalf of the petitioner, and Mr. Manoj Kumar Jha, learned Assistant Counsel to Government Pleader No.26, appearing on behalf of the State-respondents. Heard also Mr. Shivendra Kishore, learned Senior Counsel, appearing on behalf of the respondent No.7.

(2.) With the help of this writ petition, made under Articles 226 and 227 of the Constitution of India, the petitioner, who, according to his own admission made at para 7 of this writ petition, had been running a Plastic Scrap Factory, situated at Sector-B, New Azimabad Colony, Sandalpur Road, Patna, which falls under Alamganj Police Station, seeks quashing of Alamganj Police Station Case No.48 of 2016, registered under Sections 188/290 of the Indian Penal Code, Noise Pollution (Regulation and Control) Rules, 2000, and Sec. 15 of the Environment (Protection) Act, 1986, for causing noise pollution.

(3.) On the basis of an information, given in writing, by one Mathura Baraik, Sub-Electoral Officer-cum-In-Charge Officer, City Control Room, Patna City, alleging to the effect, inter alia, that the petitioner herein had been unauthorisedly running a plastic factory and causing thereby foul smell, the case aforementioned came to be registered, treating the said information as First Information Report,. Having registered the case aforementioned, police has investigated the case and submitted a police report within the meaning of Sec. 173(2)(i) of the Code of Criminal Procedure. It is also the grievance of the petitioner that police have sealed his factory and he is, therefore, unable to shift the factory even if he wishes to do so.