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SURESH KUMAR GUPTA
Nagarajan Krishna Murthy Dire. Geo. Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Suresh Kumar Gupta, J.
Heard Mr. Vivek Raj Singh, learned Senior Advocate assisted by Mr. Rajendra Kumar Dwivedi and Mr. Subhash Gulati, learned counsels for the applicant, learned AGA and Mr. Ashok Kumar Verma, learned counsel appearing for U.P. Pollution Control Board and perused the material available on record.
2. By means of the instant application under Section 482 Cr.P.C., the applicant has challenged the proceedings of Complaint Case No. 102 of 2021 "U.P. Pollution Control Board v. M/s L&T Geo Structure through its Directors" pending in the Court of Learned Special Judicial Magistrate Pollution/CBI (Water Air Pollution Control Lucknow) Lucknow, as well as the impugned summoning order dated 29.03.2022 passed by the Court of learned Special Judicial Magistrate, Lucknow in the above-mentioned Complaint Case No. 102 of 2021, whereby the Petitioner has been summoned as an accused for commission of offence under sections 37 of Air (Prevention and Control of Pollution) Act, 1981 (herein referred to as "the Act, 1981").
3. Learned counsel for the applicant submits that during pendency of the present proceedings, Subbaiya Kanappan, Director of L&T Geo Structure Pvt. Ltd. (in
The Magistrate's satisfaction based on documentary evidence is sufficient for taking cognizance of the offence, and the complaint need not specifically mention all offences made out by the facts.
The liability of officers of a company under the Contract Labour (Regulation and Abolition) Act, 1970 is contingent upon their involvement in the day-to-day affairs of the company, and the prosecutio....
Merely holding the designation of director does not establish liability under the Negotiable Instruments Act; specific allegations of involvement and responsibility in the company's affairs at the ti....
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