( 1 ) THE petitioners seek quashing of proceedings in Criminal Misc. Case No. 2153 of 1989 pending in the court of Special Judicial Magistrate (Pollution Control), Lucknow by this application u/s. 482 Cr. P. C.

( 2 ) ACCORDING to the petitioners the petitioner No. 1 is a public limited company. It has entered into a technical collaboration with M/s. Besmer Tephic Fabric Martens K. G. , a German Company for manufacture of carpets. It became sick in December, 1990 and applied to the Board of Industrial and Financial Reconstruction. The trade affluence from the petitioners manufacturing unit is being scientifically treated to make it free from pollution and a part of it is used by the land owners and cultivators for agricultural purposes. The Water (Prevention and Control of Pollution) Act, 1974 prohibits discharge of trade affluence in the stream. The river Karve is connected only through a U. P. S. I. D. C. drain which also (sic) toxic materials from other neighbouring units. A complaint has, however, been filed by the U. P. Pollution Control Board (hereinafter referred to as the board for short) against the applicants in the court of Chief Judicial Magistrate, Bula