RAJASTHAN STATE BOARD Vs. SHARIF DYEING WORKS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the non-petitioners.

(2.) IN these six petitions filed under Section 482 of the Code of Criminal Procedure, common question of law has arisen for decision. All the 6 petitions are against the orders passed by the Addl. Chief Judicial Magistrate, Balotra on 7th February, 1986 in criminal cases pending before him. Six revision petitions were filed by the petitioner under Section 397 of the Code of Criminal Procedure in the Court of District and Sessions Judge, Balotra against the orders dated 7.2.86 passed by the Addl. Chief Judl. Magistrate, Balotra and all the six criminal revision petitions were disposed of by the learned District and Sessions Judge by a common order. It is, therefore, proper to dispose of these petitions by a common order.

(3.) CRIMINAL Original Cases No. 270/83, 272/83, 269/83, 268/83, 271/83 and 267/83 were instituted on the basis of complaints filed on behalf of the Rajasthan State Board for Prevention and Control of Pollution, Jaipur alleging the commission of offences punishable under Sections 42 and 44 of the Water (Prevention and Control of Pollution) Act, 1974 (in short, referred to hereinafter as 'the Act of 1974'). The above-mentioned cases were registered as cases instituted on complaint, as cognizance of the offences was taken under Section 190(1)(a) of the Criminal Procedure Code, 1973. On 7.2.86, the complainant did not appear in the Court of the Addl. Chief Judl. Magistrate when the cases were called for hearing. The addl. Chief Judl. Magistrate, Balotra, on the same day, discharged the accused-persons under Section 249 of the Criminal Procedure Code, 1973 because the complainant was not present. The powers under Section 249 of the Criminal Procedure Code were exercised by the learned Addl. Chief Judl. Magistrate, Balotra because it was urged before him that the offences under Sections 42 and 44 of the Act of 1974 were non-cognizable offences and, therefore, the learned Addl. Chief Judl. Magistrate on the footing that offences under Sections 42 and 44 of the Act of 1974 were non-cognizable offences passed the order under Section 249 of the Criminal Procedure Code discharging the accused persons.