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2022 Supreme(Kar) 364

SURAJ GOVINDARAJ
B. V. Byre Gowda S/o Late B. N. Venkataramana Gowda – Appellant
Versus
State of Karnataka Rep. By State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Shashi Kiran Shetty, Sr. Counsel For Sri. Karthik.V, Advocate
For the Respondent:Sri.Gururaj Joshi, Advocate

ORDER :

1. The petitioner is before this Court seeking for the following reliefs;

    1. To call for records in PCR.No.203/2013, now CC No.667/2015 on the file of Principal Civil Judge and JMFC Bangalore Rural at Hosakote.

2. Examine the same and to quash the order dated 25.07.2015 passed in C.C.No.667/2015 by the Principal Civil Judge and J.M.F.C., Hosakote, Bengaluru Rural in taking cognizance of the offence punishable under section 37 of the AIR (prevention and control of pollution) Act 1981 vide Annexure-B by allowing this criminal petition with exemplary costs.

3. To issue such other direction or to issue such other orders as deemed fit in the peculiar facts and circumstances of the case.

2. Respondent No.2 represented by Deputy Environment Officer (DEO) has filed criminal proceedings in Crime No.667/2015 against the petitioner under Section 200 of Cr.P.C. for offences punishable under Section 21 and 22 of the Air (Prevention and Control of Pollution Act) 1981 [‘Air Act’ for short] read with Section 37 of the Air Act.

3. Learned Prl. Civil Judge and JMFC, Bangalore Rural upon presentation of the said complaint on 25.07.2015 noting that the complainant was present, heard the counsel, to

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