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1998 Supreme(AP) 441

B.SUDERSHAN REDDY
Medwin Hospitals – Appellant
Versus
State Of A. P. – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) THIS is a petition filed under Sec. 482 of Cr. P. C. by the accused in C. C. No. 505 of 1996 on the file of the learned IVth Metropolitan Magistrate, Hyderabad. The petitioners pray to quash the said proceedings on the file of the learned Metropolitan Magistrate.

( 2 ) THE second respondent herein A. P. Pollution Control Board filed complaint under Sec. 49 of Water (Prevention and Control of Pollution) Act, 1974 (for short the Act ) for prosecution under Sec. 43 and 44 for violation of Sec. 24, 25 and 26 of the said Act. In the complaint, it is inter alia stated that the Government of Andhra Pradesh prescribed standards or safe disposal of wastes generated by the hospital/health care establishments under the rules framed in A. P. Water (Prevention and Control of Pollution) Rules, 1976 (for short the said Rules ). Sub-clause (j) of Rule 2 of the said Rules define Health care establishments which mean and include all the Hospital, Nursing Homes, Diagnostic centers and Laboratories irrespective of size/capacity bed strenghts. Rule 36 of the said Rules says all the Health Care establishments are required to follow the regulatory and promotional guidelines


















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