( 1. ) THIS revision has been preferred for impugning the order dated 2. 7. 04 passed by Chief Judicial Magistrate, gwalior in criminal case No. 870/02 whereby the learned Magistrate has rejected an application filed on behalf of the petitioners under Section 197 of Cr. P. C and observed that there is no requirement of sanction before taking cognizance.

( 2. ) THE facts of the case, as admitted by both the parties are:

(1) That, one private complaint was filed by the respondent against the petitioners for the offence punishable under Section 15 and 16 of the Pollution (Control) Act, 1986 (hereinafter it referred to as, the Act) on the allegation that the petitioner No. 1 being the Joint director and Superintendent of j. A. Group of Hospitals, Gwalior and petitioner No. 2 being the dean, G. R. Medical College, gwalior are public servants and are responsible for dispensation of their duties as per law. At the relevant time, they were required to install an incinerator after obtaining authorization from m. P. Pollution Control Board for disposal of bio-medical waste of the hospital. It is also alleged that the petitioners were also required to install water treatment plant for removal of the harmful substances from water. It is further alleged that the petitioners did not comply this direction of the Act, hence, the complaint was filed.

(2) That, the cognizance under aforementioned offence has been taken by the learned Magistrate and on account of this a criminal no. 870/02 case is pending against them. (3) That, both the parties that both the officers are the public servants not removable from their posts otherwise under the orders of the government.

( 3. ) BEING public servants, the petitioners filed one application under Section 197 of criminal Procedure Code for discharging them on the ground that no cognizance can be taken against without sanction under section 197 of Criminal Procedure Code. Vide impugned order, the Same was rejected on the ground that provisions of Criminal procedure Code particularly Section 197 is not applicable. Hence, this revision.

( 4. ) ON perusal of the impugned order it appears that, while highlighting Section 24 of the Act, the learned Magistrate has come to the conclusion that the provisions of criminal Procedure Code including Section 197 Criminal Procedure Code are not applicable in the present case. Section 24 of the Act goes as under:

24. Effect of other laws- (1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act.

(2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act. Perusal of section 4 of Criminal procedure Code will also be required to appreciate the real controversy, hence the same is also quoted herein below:

4. Trial of offences under the indian Penal Code and other laws- (1) All offences under the indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. On perusal, the mandate of both the provisions is one and the same. No controversy appears in between them. As provided by section 24, inspite of anything inconsistent contained in any enactment (including cr. P. C), other than this act, provisions of the act and rules or order made therein shall be having over riding effect. Sub-section 2 of Criminal Procedure Code also provides the same. It speaks that all