Judgment

Fakkir Mohamed Ibrahim Kalifulla, J.

1. Heard learned Counsel for the parties.

2. Leave granted in SLP (Crl.) 7732 of 2010.

3. By the impugned judgment in these appeals, the Division Bench of the High Court dismissed the application Under Articles 226 and 227 of the Constitution of India for quashing the complaint and all other proceedings in C.C. No. 758/2005/367/08 on the file of J.M.F.C., Nippani, Judicial Magistrate, First Class, Sankeshwar. As the issue dealt with by the Division Bench of the High Court is identical, both the appeals are disposed of by this common order.

4. The Appellant in Criminal Appeal No. 755 of 2010 was holding the post of Commissioner and the Appellant in the case of Criminal Appeal arising out of SLP (Crl.) No. 7732 of 2010 was in the post of Chief Officer Grade II. The question that was posed for consideration before the Division Bench was that both the Appellants admittedly being public servants, the prosecution as against them could not have been lodged Under Section 48 of the Water (Prevention and control of Pollution) Act, 1974 [hereinafter called the 1974 Act']. The said contention was raised on the footing that being public servants, sanctio