JUDGMENT :

ASHOK BHUSHAN, J.

1. These appeals raise an important question as to whether Commissioner of City Municipal Council and Chief Officers of City Municipal Council can be prosecuted under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as “Act 1974”). By these appeals, the Karnataka State Pollution Control Board has challenged the judgment of High Court of Karnataka dated 16.02.2015 by which applications under Section 482 Cr.P.C. filed by the respondents, who were working as Municipal Commissioner and Chief Officers of Municipal Council, were allowed and the proceeding initiated for their prosecution by appellant under the Act, 1974 has been quashed.

2. The High Court vide impugned judgment dated 16.02.2015 has allowed three separate applications under Section 482 Cr.P.C. being Criminal Petition Nos.2627 of 2012, 1537 of 2011 and 1010 of 2011. All the three applications were filed on the basis of similar facts. It is sufficient to refer to the facts in Criminal Petition No. 2627 of 2012 filed in the High Court, for deciding these appeals.

3. The brief facts necessary to be noticed for deciding these appeals are:-

3.1 The appellan