( 1 ) HEARD learned counsel for the appellant and counsel for Respondents 1 and 2. The Sub-Divisional Magistrate of the area served upon the respondent units preliminary orders under Section 133 of the Code of Criminal procedure directing them to close their industries as it was alleged that they were creating public nuisance by water and air pollution. That order was challenged before the High Court. The High Court held that the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 impliedly repeal the provisions of Section 133 of the Code of Criminal Procedure so far as allegations of public nuisance by air and water pollution by industries or persons covered by the two Acts are concerned. That order is challenged by filing these criminal appeals. This Court vide order dated 24-4-1995 issued notice to the respondents and subsequently, vide order dated 25-9-1995 stayed the operation of the impugned order passed by the High Court. Hearing of the matter is delayed on the ground of non-service of notice to one or the other respondents.

( 2 ) IT appears that as the matter is pending before this Court, the su