PRAKASH CHANDRA TIBREWAL AND OTHERS Vs. THE REGIONAL OFFICER, JHARKHAND STATE POLLUTION CONTROL BOARD, HAVING ITS REGIONAL OFFICE AT MB 15, NEW HOUSING COLONY, P.O. AND P.S. ADITYAPUR, DISTRICT

JUDGEMENT

(1.) This application has been filed for quashing the entire criminal proceeding as well as the order of cognisance dated 06.08.2014, passed by Chief Judicial Magistrate, Chaibasa in complaint case No. C/7-58 of 2014, whereby and where-under, the prosecution launched against the petitioner under Sec. 15 of the Environment (Protection) Act 1986.

(2.) It appears that on the direction of Ministry of Environment and Forest, Government of India, dated 08.05.2013, the State Government has directed the Jharkhand State Pollution Control Board for taking necessary action against Steel Authority of India Ltd. for the irregularities committed by them. Accordingly, Jharkhand State Pollution Control Board, Ranchi authorised its Regional Officer to file a case against the concerned unit in the competent Court. Accordingly, present complaint filed.

(3.) It is submitted by the learned counsel for the petitioners that as per Sec. 16 of the Environment (Protection) Act 1986, if the offence is committed by the company, then the company as well as the officer directly in charge of the conduct of business of the company are liable to be punished. It is further submitted that in the instant case, the company has not been made accused, nor there is any averment in the entire complaint petition to show that petitioners are in charge of the conduct of business of the company. Accordingly, it is submitted that the prosecution launched against the petitioners is liable to be quashed.