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2021 Supreme(Kar) 760

H.P.SANDESH
Golden Seam Textiles Pvt. Ltd. – Appellant
Versus
Karnataka State Pollution Control Board – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Balakrishna M.R.
For the Respondent: Pawan Kumar, Devendrappa.

ORDER :

1. This petition is filed under Section 482 of Cr.P.C. praying this Court to set aside the order of taking cognizance and issue of process dated 14.02.2012 passed by the Civil Judge and JMFC, at Nelamangala, Bengaluru Rural District in C.C. No. 323/2012 for the offences punishable under Sections 41(2) and 43 of Water (Prevention and Control Pollution) Act, 1974 (‘the Act’ for short) and quash the entire proceedings insofar as the petitioners are concerned and pass such other relief/s as this Court deemed fit in the facts and circumstances of the case.

2. The factual matrix of the case is that the respondent had initiated the proceedings against the petitioners herein by filing a complaint invoking Sections 25 and 26 of the Water Prevention and Control of Pollution Act, 1974, making the allegation that the offences are punishable under Sections 41 and 44 of the Act against the petitioners herein and also accused No. 3 for violation of Section 25(1) of the said Act and also the offences punishable under Sections 41 to 44 of the Act against accused Nos. 1 to 3 for violation of Section 33A of the Act regarding non compliance of the directions of the complainant- Board.

3. Learned

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