D. P. MOHAPATRA, J.

( 1 ) THE State Prevention and Control of Pollution Board, an authority constituted under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974) filed this revision petition u/s. 401 of the Criminal Procedure Code (Cr. P. C.) assailing the order dated 28-9-89 of the Sub-divisional Judicial Magistrate, Berhampur in 2 (c) CC No. 162 of 1989 directing it to file the required sanction to proceed against the Berhampur Municipality, Berhampur, opposite party No. 1 and its Executive Officer, opposite party No. 2.

( 2 ) THE facts relevant for the present purpose may be shortly stated thus: the petitioner-Board through its Junior Law Officer, Sri Narendra Kumar Khuntia filed the complaint alleging, inter alia, that the opposite parties committed the offence punishable u/s. 44 of the Act for controvention of Ss. 25 and 26 thereof. It was alleged in the complaint petition that the opposite parties were discharging its sewage effluent on the land without the previous 'consent' of the complainant-Board which is a statutory requirement u/ss. 25 and 26 of the Act. Opposite party No. 2, Sri Jamsed Khan as the Executive Officer of the opposite party No. 1, wa