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GAJENDRA KUMAR
Ajay Garg – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Gajendra Kumar, J.
1. Since these applications arise out of same complaint case, they have been heard together and are being decided by a common order. Application u/s 482 Cr.P.C. No. 40122 of 2023 is being treated as a leading case.
2. Counter and rejoinder affidavits filed today are taken on record.
3. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
4. The present applications have been filed by the applicants with the prayer to quash the entire proceedings of Complaint Case No.31 of 2013, under Sections 43 /44 of Water Pollution (Prevention and Control) Act, 1974, pending in the court of Special Judicial Magistrate, Pollution, Lucknow.
5. The genesis of the present applications arose when the opposite Party no.2 filed criminal complaint against the M/s Teerthanker Mahaveer University and other employees and directors of the same (hereinafter referred as "University"), before the learned Special Judicial Magistrate, Pollution, Lucknow with wholly false, concocted, and frivolous story. The university is a State minority University established by the society Teerthanker Mahaveer Institute of Management and Te
The court held that a complaint under the Water Pollution Act must be filed by an authorized representative, and failure to comply with statutory procedures leads to quashing of proceedings.
A criminal complaint must be filed by an authorized person, and failure to comply with statutory procedures renders the proceedings illegal.
The court ruled that a complaint for discharging trade effluent is invalid without proper sampling processes and that evidence must be assessed at trial for factual determinations.
A company must be included as an accused in environmental violation cases for vicarious liability to be applicable to its officers.
Cognizance of offences under the Water Act requires strict adherence to the 60-day notice provision, failing which proceedings may be quashed.
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