JUDGEMENT - R.G. VAIDYANATHA, J.:---This is a petition under section 482 Cr.P.C. and under Article 227 of the Constitution of India challenging the issue of process against the petitioners in Criminal Case No. 307 of 1988 on the file of Chief Judicial Magistrate, Thane. Heard both the sides.

2. The first respondent-complaint filed a complaint against the third respondent and the petitioners for offences under the Air (Prevention and Control of Pollution) Act, 1981. The allegation of the complainant is that the accused No. 1 (respondent No. 3) is a company and accused Nos. 2 to 5, the present petitioners are the Chairman, Managing Director, Director and Factory Manager of the said company. That the company is having a factory where it is using lead press, lead oxide, etc. as raw materials. That the accused have failed to provide suitable arrangements to protect emission to satisfy standards prescribed under the Act and the rules. Hence it is alleged that the accused have violated many of the provisions of the Act and the rules and thereby they have committed an offence punishable under section 39 of the Act.

3. The accused Nos. 2 to 4 challenged the issue of process before the le

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