R.K. Mishra, J.-The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 28.11.2006 passed in Complaint Case No. C1/430/2004, T.R. No. 2483 of 2006, by the Court of Sri Ashok Kumar Gupta, Judicial Magistrate, First Class, Sitamarhi, summoning the petitioner under Section 204 of the Code of Criminal Procedure, on inquiry, finding prima-facie case under Sections 277 and 278 of the Indian Penal Code.

2. In brief, the case is that opposite party No.2, Tejendra Sinha, filed the complaint petition, numbered as Complaint Case No. C1/430/2004 against the petitioner, Om Prakash Dhanuka, Managing Director, Riga Distillery, Riga, Sitamarhi, V.N. Pandey, President, Riga Sugar Company Limited, Riga, Sitamarhi and Shankar Lal Waheti, Vice President, Riga Sugar Company Limited, Riga, Sitamarhi, with the allegation that Riga Distillery was established in the year 2002 and since then Alcohol Mixed Water is being discharged by the Company through village-Welsand and his village, Dayanagar, due to which his entire crops are getting destroyed, the trees and plants are drying up and the agricultural land has become barren. It is also alleged that due to that reason the fishery industry has also been closed and even the normal life of the human beings and animals is also being affected due to environmental pollution causing the diseases like Malaria, Cholera and other serious diseases dangerous to life.

After filing of the aforesaid complaint petition, the Court of Sri Ashok Kumar Gupta, Judicial Magistrate, First Class, Sitamarhi, on inquiry, under Section 202 of the Code of Criminal Procedure, summoned only the accused-petitioner finding prima facie case under Sections 277 and 278 of the Code of Criminal Procedure, for fouling water of public spring or reservoir and making the atmosphere noxious to health.

3. Learned counsel appearing on behalf of the petitioner made submission that there are special Act for the water pollution and environment pollution, viz., The Water (Prevention and Control of Pollution) Act, 1974 and The Environment (Protection) Act, 1986 and through Notification No. 2993 dated 31.5.1991, issued by the Law (Justice) Department, Government of Bihar, Patna, as contained in Annexure7/A to this application, the Sub Divisional Judicial Magistrate of the concerned district headquarter has been authorized to take the cognizance of the offence and trial. As such, summoning the accused petitioner for the offence under Sections 277 and 278 of the Indian Penal Code for fouling water of public spring or reservoir and making the atmosphere noxious to health by the Court of Judicial Magistrate, First Class, Sitamarhi, amounts to an abuse of the process of the Court. It has further been submitted that in the summoning order dated 28.11.2006, the learned Judicial Magistrate has considered the letter dated 19.2.2001 of Sanghmitra Institute of Human Resources, which is prior to alleged time of occurrence, in response to which the President of the Company had replied vide letter dated 9.3.2001 clarifying the entire position. The recommendation, given by the Joint team constituted in the light of the letter No. 16/04/1738 dated 17.6.2004 of the Environment and Forest Department, Bihar, Patna, as contained in Annexure-8 to this application, was followed by the petitioners Company and in consequence thereof Discharge Consent Order under he Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, by the Bihar State Pollution Control Board was granted, which would appear from Annexures- ‘10’, ‘10/A’, ‘11’, ‘11/A’, 12 and 12/A to this application.

4. On the other hand, the complainant-opposite party No.2, Tejendra Sinha, who has appeared in person, made submission that the learned Judicial Magistrate on perusal of the complaint petition, his solemn affirmation, the statements of the witnesses, as recorded in course of inquiry, a