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2024 Supreme(UK) 567

RAKESH THAPLIYAL
Masood Alam Mallick – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Arvind Vashisth, learned Senior Counsel, assisted by Mr. Nipun Dave, learned counsel and Mr. Mr. Shashwat Dubey
For the Respondent: Mr. Aditya Pratap Singh, Mr. Saurabh Pandey, learned Brief Holder

JUDGMENT :

Rakesh Thapliyal, J.

1. All these applications preferred under Section 482 CrPC are being decided together with the consent of the learned counsel for the parties.

2. By all these Applications, preferred under Section 482 CrPC, the applicants are challenging the proceedings of Criminal Case No. 6124 of 2022, Uttarakhand Pollution Control Board Vs. Masood Mallick and others, pending in the Court of IIIrd Additional Chief Judicial Magistrate, Dehradun, District Dehradun. In addition to the proceedings, the applicants are also challenging the orders dated 09.11.2022, 06.01.2023, 30.09.2023 and 20.11.2023.

3. By order dated 09.11.2022, the learned IIIrd Additional Chief Judicial Magistrate took cognizance on the complaint filed by respondent No. 2 on 02.09.2022 and summoned all the applicants for the offences punishable under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974, as well as for the offences punishable under Section 37 of the Air (Prevention of Control of Pollution) Act, 1981 and also for the offences punishable under Section 15 of the Environment (Protection) Act, 1986.

4. The order dated 09.11.2022 has been challenged on the ground that as per

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