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2019 Supreme(Ori) 135

S.K.SAHOO
Odisha Mining Corporation Ltd. – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
A.R. Dash, Adv., B. Mohapatra, Adv., K.S. Sahoo, Adv., A. Mahanta, Adv., Prem Kumar Patnaik, Adv.

JUDGMENT :

S.K. Sahoo, J.

The pivotal question that arises in these cases is whether the petitioner Odisha Mining Corporation Ltd. (hereafter 'the Company') who has not been arrayed as an accused in the complaint cases can challenge the order of taking cognizance and issuance of process against other accused persons in anticipation that the Company might be arrayed as an accused in the proceedings at a later stage.

    The petitioner Company has filed these two criminal miscellaneous cases under section 482 of the Cr.P.C. with a prayer to quash the impugned orders dated 24.02.2014 passed by the learned J.M.F.C., Jajpur Road in taking cognizance of offence under section 15 of the Environment Protection Act, 1986 (hereafter 1986 Act') and issuance of process against the accused persons in 2 (c) C.C. No.10 of 2014 and 2(c) C.C. No.12 of 2014 vide CRLMC No.1923 of 2018 and CRLMC No.1925 of 2018 respectively.

    Since both the CRLMC applications arise out of identical facts and circumstances and raise similar questions of law and the petitioner is the same, with the consent of the parties, those were heard analogously and are being disposed of by this common judgment and order.

2. One Sri Maheswa

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