JUDGMENT :

GITA GOPI, J.

1. The petitioners are before this Court under Section 482 of the Criminal Procedure Code and under Section 226 of the Constitution of India with a prayer to quash and set aside the Criminal Case No. 1385 of 2008 pending before the Court of learned JMFC, Mundra, Kutch as well as to quash and set aside the summons dated 16.01.2009 issued by the learned JMFC in the said case.

2. It is stated by the petitioners that the petitioner no. 1-Company is registered under the Companies Act, 1956, having the registered office at Kolkata and Mumbai and the company is engaged in manufacturing carbon black having its factories located at (i) R.N. Mukherjee Road, Durgapur, West Bengal (ii) Karimugal, Kochi, Kerala and (iii) N.H. No. 8, G.I.D.C. Plot No. 1, Palej, Gujarat. It is stated that the company was desirous of installing another factory at village Mokha, Taluka Mundra, District Kutch.

3. The allegations against the petitioner is in respect of non-compliance of the notification dated 14.09.2006 issued by the Ministry of Environment and Forests for the purpose of obtaining prior environmental clearance in context of Clause II of the said notification at the proposed site