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 Maheswar Panigrahi, Sub-Divisional Magistrate, Jajpur is the complainant in both the complaint cases.

2 (c) C.C. Case No.10 of 2014 was filed against CMD, OMC, OMC House, Bhubaneswar as well as Asst. GM (Mines), DGM (Mines), AGM (Mines), Deputy Manager (Mines) and Asst. Manager (Mines) of Kaliapani Chromite Mines of OMC Ltd. respectively stating therein that the complainant is authorised to file the case by virtue of the power conferred on him by the Central Government and as such he is the authorised person to file the complaint under section 19 of the 1986 Act. It is alleged in the complaint petition that the Company which was having a leasehold area of 971.245 Hects. in Kaliapani Chromite Mines, Kaliapani operated production without obtaining environmental clearance from Ministry of Environment and Forests, Govt. of India during the period from 2000-01 to 2009-10 as per the notice issued by the Collector and District Magistrate, Jajpur to the accused persons who were directly involved in the production of Chromite ore and thereby violating the provisions under the 1986 Act. The report of the Regional Officer, State Pollution Control Board (hereafter 'SPCB'), Odisha, Kalinga Nagar was attached to the complaint petition. It is stated in the complaint petition that the report of the Deputy Director, Mines (I/C), Jajpur Road, Jajpur and the Regional Officer, SPCB, Odisha, Kalinga Nagar were based on the report/information of the accused persons who were supposed to raise production and dispatch report to the concerned Mining Authority, SPCB and Indian Bureau of Mines. According to the complainant, production of any mineral without having environmental clearance amounts to violation of 1986 Act and EIA notifications of the years 1994 and 2006. EIA notification of 1994 mandates to obtain environmental clearance certificate as the project had more than 5 Hects. and EIA notification of 2006 indicates to obtain prior environmental clearance certificate for all major projects. The Forest and Environmental Department, Govt. of Odisha responding to the direction of the Govt. of India, Ministry of Environment and Forest requested the Collector, Jajpur vide letter dated 08.03.2013 to take legal action against the mining project of the accused persons. It is the further case of the complainant that from the official records, it was evident that accused CMD, OMC in connivance with the other accused persons produced Chromite without having environmental clearance from 01.04.2000 to 31.03.2010 as per EIA notifications as amended from time to time and thus they are liable to be punished under section 15 of the 1986 Act.

2 (c) C.C. Case No.12 of 2014 was filed against CMD, OMC, OMC House, Bhubaneswar as well as Asst. GM (Mines), DGM (Mines), AGM (Mines), Deputy Manager (Mine