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2019 Supreme(MP) 743

JAGDISH PRASAD GUPTA
A. S. Bansal – Appellant
Versus
State of Madhya Pradesh – Respondent


ORDER :

Jagdish Prasad Gupta, J.

1. The petition under Section 482 of Cr.P.C. has been preferred for quashment of proceeding of Cri. Case No. 1266/2017 under Section 15 of the Environment Protection Act, 1986 pending before JMFC, Jabalpur.

2. The facts giving rise to this petition are that on behalf of the respondent, before JMFC, Jabalpur, a complaint was filed on 3.10.2017 against the applicant with regard to operating Ms. Bansal Supertek Clinic and Ms. Bansal Hospital, without following the provision of the Environmental Protection Act with regard to Bio-Medical Waste which is punishable under Section 15 of the Act. As the applicant is operating the aforesaid clinic and hospital without getting any authority under the Act after 7.10.2010, without further authorization or informing to close the institute which is violation of Rule 4 and 10 of the Bio-Medical Waste (Management and Handling) Rules, 1998 and the Bio-Medical Management Rules, 2016. On the basis of the aforesaid complaint, the cognizance has been taken by the Magistrate and the trial is going on.

3. The aforesaid proceeding has been challenged here on the ground that the applicant took permission from the respondent for B

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