In a warrant trial, failure to present evidence before framing charges justifies the discharge of the accused, emphasizing the complainant's burden of proof.

By way of the present petition under Section 378(4) of CrPC, the Petitioner/complaint being aggrieved by the impugned order dated 24.02.2021 passed by the Judicial Magistrate First Class, Raigarh (CG) in Complaint Case No 1525/2009 whereby the learned trial court has discharged the accused/respondents on the ground that the applicant/complaint had failed to discharge their burden to prove by not examining any of their witnesses in relation to the inspection report before framing of the charges.

2.Brief facts of the case are that the petitioner/complainant filed complaint case against the respondents under Section 200 of the Code of Criminal Procedure,1973 (hereinafter referred to as ‘the Code of 1973”) in the Court of Chief Judicial Magistrate, Raigarh vide Complaint Case No. 1525/2009. It is alleged that on 26.10.2009, while inspecting the respondents’ industry, it was found that the construction work of coal washery-0.96 million tonnes per annum proposed by the respondents was underway as foundation and steel work was found to be done for setting up Coal Washery at the site. Some structures were fabricated for making columns and brackets were lying at the site. Apart from this, 3 steel columns have been installed on the foundation at the site. The said establishment of coal washery plant was being done without obtaining the Environment Clearance from the Government of India, Ministry of Environment and Forests, New Delhi as per the Environment Impact Assessment Notification 1994 (Amendment) dated 14.09.2006 issued under the Environment Protection Act, 1986 .

3.It is alleged that without the prior permission of the State Board, establishment of any industrial plant or carrying of production work in any air pollution control area without obtaining the Environmental Clearance by the respondents from the Government of India is a violation of law under Sections 21 and 25/26 of the Air Pollution (Prevention and Control) Act,1981 and Water pollution (Prevention and Control) Act, 1974. The Act of the respondent/Industry is punishable under Section 37/40 of the the Air (Prevention and Control of Pollution) Act, 1981 , u/s. 44/47 of the Water (Prevention and Control of Pollution Control Act, 1974 and u/s. 15/16 of Environment Protection Act, 1986 read with Section 34 of the Indian Penal Code, 1860. After completion of inspection, complaint was filed against the respondents on 17.11.2009. After taking cognizance of the complaint by the learned Chief Judicial Magistrate, Raigarh summons were issued to the respondents under Section 204(1)(A) of the Code,1973. Learned Chief Judicial Magistrate transferred the case to Judicial Magistrate First Class, Raigarh for framing of charges who, in turn, has passed the order dated 24.02.2021 dismissing the complaint case filed under Section 200 of the Cr.P.C and discharged the respondents of the alleged offences. It is against this order the petitioner/complainant is before this Court.

4.Contention of Shri Mishra, learned counsel for the petitioner is that the learned Judicial Magistrate First Class has discharged the respondents on the ground that the petitioner/complainant had failed to discharge the burden to prove by not examining any of their witnesses in relation to the inspection report before framing of the charges. He further contends that the learned JMFC has failed to appreciate the fact that the Spot Inspection Report dated 26.10.2009 was issued by the Sub Engineer and Scientist employed under the Regional Office, Chhattisgarh Environment Conservation Board enumerating the commencement of work of establishment of a Coal Washery Plant, with a capacity of 0.96 million tonnes per year in the premises of respondents without obtaining Environment Clearance and Consent to Establish/operate from a public officer/servant of Chhattisgarh Environment Conservation Broad constituted in exercise of powers conferred by Section 4 of the Water (Prevention and Control of Pollution) Act, 1974 and Secti