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1994 Supreme(Ker) 387

B.M.TULSIDAS
Pandan Krishnan – Appellant
Versus
Asst. Engineer, Kerala State Pollution Control Board Regional Office, – Respondent


Judgment :-

In these petitions filed under Section 482, of the Code of Criminal Procedure the common petitioners have challenged and sought to quash the complaints and proceedings in C.C. Nos. 142/90 and 220/92 of the Judicial First class Magistrate Court, Kochi taken at the instance of the first respondent, C.C. No. 142/90 has been laid under Section 44, read with Sections 47 and 49, of the Water (Prevention and Control of Pollution) Act, 1974 (for short the Act) and the other case for the alleged violation of Section 41(2). Before initiation of the proceedings, the first respondent made an application, C.M.P. No. 1558/90 under Section 33, of the Act and by order dt. 25-5-1990 the Magistrate directed the Managing director who is the 1st petitioner in Crl. M.C. 763/92 and the second petitioner in the other to desist forthwith from discharging the spent wash and waste got from the fermentation of jaggery into backwaters of Kochi." Allegedly there was flagrant breach of the direction that led to the complaints in the two cases in the course of which M.P. No. 460 and 461/92 were filed by the Managing Director for a preliminary adjudication of the maintainability of the complaints as a


































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