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2020 Supreme(All) 780

CHANDRA DHARI SINGH
Daurala Sugar Works Thru. Managing Director – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Sudeep Kumar, Avdhesh Kumar Pandey

JUDGMENT :

1. The instant petition under Section 482/483 of the Cr.P.C. has been filed against order dated 11.11.2019 passed by Special Judicial Magistrate (Pollution)/CBI, Lucknow in Complaint Case No.774 of 1989 (Uttar Pradesh Pollution Control Board, Lucknow v. M/S Daurala Sugar Works (Distillery Division) and Ors.) rejecting the application of the petitioners for their discharge under Section 245 of the Cr.P.C. from the prosecution lodged by the Uttar Pradesh Pollution Control Board, Lucknow under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred as 'Act of 1974') and the consequential confirming order passed by the Additional Sessions Judge, Court No.1, Lucknow dated 17.07.2020 in Criminal Revision No.688 of 2019 (M/S Daurala Sugar Works (Distillery Division) and Ors. v. State of U.P. & Anr.) dismissing the criminal revision preferred by the petitioners under Section 397 of the Cr.P.C.

2. Brief facts as borne out from the petition are as under:-

    (i) M/s Daurala Sugar Works (Distillery Division) is owned by M/s DCM Limited, Delhi having its registered Office at Kanchenjunga Building, 18, Barakhamba Road, New Delhi. The Distillery was ins

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