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2015 Supreme(Guj) 100

VIPUL M.PANCHOLI
LUPIN LIMITED & 14 – Appellant
Versus
STATE OF GUJARAT & 1 – Respondent


Advocates Appeared:
MR.K.S.NANAVATI, LD. SENIOR COUNSEL for NANAVATI ASSOCIATES,
ADVOCATE for the Applicant(s) No. 1 -15
MR RUTVIJ S OZA, ADVOCATE for the Respondent(s) No. 2
MR.K.P.RAVAL, APP for the Respondent(s) No. 1

JUDGMENT :

1. This petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, wherein, the petitioners have prayed that the order dated 16.01.2007, passed by learned Judicial Magistrate First Class, Ankleshwar in Criminal Inquiry No.96 of 2005, which is subsequently registered as Criminal Case No.218 of 2007 be quashed and set aside.

2. Brief facts leading to the filing of the present cases are That the respondent No.2 has filed complaint being Criminal Case No.218 of 2007 against one AlAas Trade Link and 24 others under Sections 428 and 429 of Indian Penal Code as well as under the provisions of Environment (Protection) Act, 1986 ('the Act, 1986' for short) read with Hazardous Wastes (Management and Handling) Rules, 1989 ('the Rules, 1989' for short).

3.1 In the said complaint, which was filed by the original complainant of Criminal Case No.218 of 2007 against one AlAas Trade Link and 24 others under Sections 428 and 429 of Indian Penal Code as well as under the Act, 1986 read with the Rules, 1989, it is alleged that on 04.12.2005, Deputy Environment Engineer and Scientific Officer visited the sight which was near T





















































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