K.C. Sood, J. :- This petition, under Section 482 of the Code of Criminal Procedure, is directed against the orders of learned Chief Judicial Magistrate, Chamba dated March 4, 2004 where by the application of the petitioner and his co-accused, under Section 197 of the Code of Criminal Procedure, taking objection to the cognizance of the alleged offences against them under the Water (Prevention and Control of Pollution) Act, 1974 "Water Act" for short) without the previous sanction of the Government under Section 197 of the Code was kept pending with the directions that this application shall be decided after the conclusion of the trial The petitioner along with his co-accused was directed to be put the notice of accusation against him under Section 251 of the Code of Criminal Procedure. The Background:

2. The Himachal Pradesh Pollution Control Board, hereinafter referred to as "State Board", laid a complaint before the Chief Judicial Magistrate, Chamba, through its Assistant Environmental Engineer, against the President and the Executive Officer of the Municipal Council, Chamba under Sections 41, 43, 44, 47 and 49 of the Water Act. The State Board is a Statutory Body created