JUDGMENT

P. Sathasivam, J. —

1.Leave granted.

2.This appeal is directed against the order dated 29.11.2004 passed in Crl. Misc. Case No. 1347 of 2001 of the High Court of Judicature at Allahabad, Lucknow Bench quashing the Complaint Case No. 44 of 1988 filed by the U.P. Pollution Control Board, Lucknow through its officers against M/s Modi Carpets Ltd. Raebareli and 12 others under Section 44 of the Water (Prevention & Control of Pollution) Act, 1974 (hereinafter referred to as “the Act”) pending in the Court of Special Judicial Magistrate (Pollution), Lucknow.

3.Background facts, in a nutshell, are as follows :

The State Board for Prevention and Control of Water Pollution was constituted on 03.02.1975 by the Government of U.P. and it has been named as - U.P. Pollution Control Board (hereinafter referred to as “the Board”) which is the appellant herein vide notification No. 2179/9-2-100-74 dated 13.07.1982. On the application submitted by M/s Modi Carpets Ltd., Raebareli, seeking consent to discharge effluent, the appellant-Board granted conditional consent to discharge their trade effluent in the river Sai. Since the conditions of consent were not being complied with by M/s Modi Carpet