( 1 ) THIS revision application arises out of the order dated 20/07/1993 made by the learned Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No. 348 of 1990 discharging the accused without framing the charges. Being aggrieved and dissatisfied with the impugned order, the original complainant has come to this Court inter alia contending that the learned Magistrate has passed the order which is contrary to law and there is material irregularity and illegality in the exercise of the jurisdiction by the learned trial Magistrate.

( 2 ) IT is contended in detail that a notice was issued to the respondent no. 1 for the alleged violation of provisions of Secs. 24, 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Act ). By the impugned order the learned magistrate had been pleased to hold that the taking of samples of effluent was not proper and in the manner as provided under Sec. 21 (2) of the Act and for contravention, the result of any analysis of the samples is not admissible in evidence. Having discussed the evidence, both documentary as well as oral, the learned Magistrate discharged the accused and dispose