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2022 Supreme(Raj) 2270

PUSHPENDRA SINGH BHATI
Raj. Board Of Prevention And Control Of Pollution – Appellant
Versus
Parveen Dying Works – Respondent


Advocates appeared:
Manish Shishodia, Advocate, Yash Parihar, Advocate, Arun Kumar, Advocate, B.S. Charan, Advocate

JUDGMENT

Dr Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. These criminal appeals have been preferred against the impugned judgments dated 09.08.1989, 19.10.2000, 19.08.2002 and 03.12.2002, whereby the learned courts below have acquitted the accused-respondents from the charges levelled against them.

3. Since all the present appeals involve a common issue, therefore, for the sake of brevity, the present adjudication is being made while treating S.B. Criminal appeal No.01/1990, as a lead case.

4. Mr. Manish Shishodia, learned Senior Counsel assisted by Mr.Yash Parihar appearing on behalf of the appellant-Board submits that the appellant is a body corporate and having its perpetual succession under the law. as per learned Senior Counsel, since the complaint has been filed by the Board, therefore, there was no requirement of any prior sanction for doing so.

5. Learned Senior Counsel for the appellant-Board further submits that the criminal complaint was filed for the violation of the provisions

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