IMPORTANT POINT
When a special court of Judicial Magistrate of 1st class has been created to try a particular type of offence, the jurisdiction of all other Magistrates to try those offences ceased.

JUDGMENT

V.N. Mehrotra, J. - This petition has been filed under Section 482 of the Code of Criminal Procedure by the applicants praying that the order by the Special Court of Judicial Magistrate 1st Class, Lucknow holding that it has jurisdiction to try the complaint be quashed.

2. The brief facts of the case are that in the year 1983, the U.P. Pollution Control Board, Lucknow filed a complaint against M/s. Modi Distillary, Modi Nagar, Ghaziabad and 10 others alleging that the accused persons had committed the offence punishable under section 44 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Act). On this complaint, the Chief Judicial Magistrate, Ghaziabad issued processes against the accused persons. That order was challenged by the accused persons before this Court. This Court, while exercising the revisional jurisdiction, set aside the order by the Chief Judicial Magistrate, concerned. The U.P. Pollution Control Board then filed an appeal before the Hon'ble Supreme Court. The Hon'ble Supreme Court, vide its order passed in the year 1987 allowed the appeal and upheld the order passed by the trial court. It also directed the Magistrate concerned to proceed with the trial as expeditiously as possible in accordance with law.

3. It appears that during the pendency of the proceedings before the Chief Judicial Magistrate, Ghaziabad, the U.P. Government created a Special Court of Judicial Magistrate I class at Lucknow with effect from 1st August, 1988 to try and inquire into cases arising within the limits of any district in Uttar Pradesh under the Water (Prevention and Control of Pollution) Act, 1974. Later on, the Presiding Officer of that court was appointed by this Court vide order dated 28.8.1988. Subsequently, this Court issued administrative directions by letter dated September 9, 1988 directing that all cases pending in other courts under the above mentioned Act should be transferred to the special court of Judicial Magistrate First Class, Lucknow. In accordance with this order, the present complaint was also transferred to that court. It is now pending in the same court. The accused persons then raised contention before the special court of judicial Magistrate First. Class, Lucknow asserting that under the relevant Government Order, only the fresh cases instituted after 1st August, 1988 could be tried by the special court of Judicial Magistrate 1st Class and not the cases, which were already pending before the competent court. Annexure 6 to the affidavit accompal1ying the petition is a copy of that objection filed on behalf of the accused persons. The Special Judicial Magistrate, Lucknow, however rejected the objection by his order dated 29.8.1992 holding that he has jurisdiction to try the present complaint also.

4. In this petition, it has been asserted on behalf or the applicants that actually no special court of Judical Magistrate First Class was created by the Government Order dated 22.7.1988 and it has further been contended that even if the special court of judicial Magistrate First Class had been created, even then that court will have no jursdiction to try the pending cases nor such cases could be transferred to that court.

5. I have heard the learned counsel for the applicants at the admission stage and I proposed to dispose of this petition at the stage of admission itself.

6. Section 49 (1) of the above mentioned Act provides that no court shall take cognizance of any offence under this Act except on a complaint made by, or with the previous sanction in writing of the State Board, and no court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act. Sub Section (2) of Section 49 of the Act provides that notwithstanding anything contained in section 32 of the Code of Criminal Procedure, it shall be lawful for any Magistrate of the first Class or for any Presidency Magistrate to pass a sentence of