Judgment

SEN, J. :- This appeal by special leave is directed against the judgment And order of the High Court of Allahabad dated May 16, 1984 setting aside in its revisional jurisdiction an order of the Chief Judicial Magistrate, Gaziabad dated November 3, 1983 directing the issue of process against the respondents on a complaint filed by the appellant under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974. The issue involved is whether the Chairman, Vice-Chairman, Managing Director and members of the Board of Directors of Messers Modi Industries Limited, the Company owning the industrial unit called Messers Modi Distillery could be proceeded against on a complaint against the said industrial unit. A learned single Judge (K.C. Agarwal J.) following the decision of this court in State (Delhi Admn.) v. I.K. Nangia (1980) 1 SCC 258 interpreting a similar provision contained in sub-s.(4) of S. 17 of the Prevention of Food Adulteration Act, 1954 has held that there was no sufficient ground against the respondents inasmuch as the allegations made in the complaint do not constitute an offence punishable under Section 44 for the admitted contravention of Ss. 25(1) and