ORDER :

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in the private complaint in C.C.No.141 of 2022 pending on the file of Chief Judicial Magistrate, Thiruvallur and quash the same.

This Criminal Original Petition is filed to call for the records in the private complaint in C.C.No.141 of 2022, pending on the file of Chief Judicial Magistrate, Tiruvallur and quash the same.

2.The learned counsel for the petitioner submitted that the petitioner is prosecuted for the offences under Section 2 (cb) Schedule -I-17, and 7A(3) Section 41 C, 41 (c) and 112 Rule 62 O (1)(c) and 62 N (1) of the Industrial Act 1984 (as Amended Act 1987) and Tamil Nadu Industries Rules 1950 in C.C.No.141 of 2022. The main contention of the learned counsel for the petitioner is that the complainant conducted a inspection on 28.11.2020 at about 15.30 hours and found out certain defects in the petitioner's Company namely, Tamil Nadu Waste Management Ltd. A show cause notice dated 26.12.2020, in Na.Ka.No.AA/2526/2020, was issued pointing out 12 defects/violations.

3.In response to the Show Cause Notice, petitioner had rectified the defects pointed out and sent a reply dated 30.01.2023 about the rectification of the defects pointed out in the show cause notice. However, the complaint came to be filed against the petitioner without any reference to the show cause notice issued and reply given etc.

4.It is further submitted by the learned counsel for the petitioner that as per the communication of the Joint Director - I in Ka.No.AA/2526/2020, dated 16.02.2021, it was informed that certain defects pointed out in the show cause notice were rectified and for the defects which were not rectified, case would be filed against the petitioner. Unless the complaint has details about the show cause notice, reply, defects rectified and defects not rectified, it would not be possible for the learned Chief Judicial Magistrate to apply his mind and take the case on file. Non mentioning about the show cause notice, reply and other details amount to non application of mind and this vitiates launching of prosecution. In support of his submissions, the learned Senior Counsel for the petitioner, pressed into service the following orders passed by this Court. ;

(i) Crl.O.P.No.7347 of 2017, dated 17.11.2021 in A.T.Kannan Vs. The State.

(ii) Crl.O.P.No.15980 to 15984 of 2014 and batch dated 03.07.2014 in K.Masthan Rao Vs. State Rep by Inspector of Factories, First Circle, Vellore.

(iii) Crl.O.P.Nos.23034 & 23035 of 2015 dated 19.08.2019 in L.Ganesh Vs. T.Solaippan.

(iv) Crl.O.P.Nos 6714 & 6826 of 2018 and W.P.No.4529 of 2018, dated 27.05.2022, in Ness Wadai Vs. State of Tamil Nadu and Ness Wadia Vs. Deputy Director, Industrial Safety and Health and Ors.

5.Continuing his submission, the learned Senior Counsel for the petitioner submitted that the order taking cognizance shows that there was absolutely non application of mind on the part of the learned Chief Judicial Magistrate, Tiruvallur. There was no subjective satisfaction recorded for taking the case on file. A rubber stamp was affixed for taking cognizance. It is impermissible and condemned by this Court by time and again. This mode of taking cognizance was considered by this Court in Crl.O.P.No.7347 of 2017, dated 17.11.2021 in A.T.Kannan Vs. The State.

6. It is also his submission that the petitioner is not engaged in dealing with hazardous material and engaged only on the treatment and disposal of industrial wastes. Therefore, launching of prosecution against the petitioner is improper and illegal and thus, prayed for quashing of the proceedings.

7. In response, the learned Government Advocate (Crl.Side) submitted that petitioner is dealing with hazardous material and for the said purpose, he was granted license. Of the 12 defects/violations pointed out, 7 defects/violations had been rectified and only for the defects/violations, which were not rectified, prosecution was launched. The c