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2013 Supreme(Online)(KER) 21962

HIGH COURT OF KERALA
K.HARILAL, J
M/S PHILIPS CARBON BLACK LTD – Appellant
Versus
SABU THOZHUPADAN – Respondent


O R D E R

The revision petitioners are the accused Nos.1, 5 and 6 in C.C. No.105/2002 on the files of the Judicial First Class Magistrate's Court, Kolenchery. Annexure-I complaint was filed against the revision petitioners and others by the 1st respondent herein alleging violation of Section 21 of the Air Act and orders issued by the Pollution Control Board under Sections 31 and 37 of the Air Act. The revision petitioners and others filed Crl.M.C.No.3608/02 before this Court to quash Annexure-I complaint. This Court, by Annexure-X order, quashed the complaint against all the petitioners therein except accused Nos.1, 5 and 6, who are the revision petitioners herein. In that judgment, this Court directed the Pollution Control Board to produce all relevant records, as would be demanded by the Magistrate, for the purpose of establishing violation of provisions under Sections 21 and 31A of the Act and further directed the Magistrate to find out whether any prima facie case has been made out so as to proceed under Section 37 of the Act.

2. In compliance with the said direction in Annexure-X order of this Court, the learned Magistrate, after referring to the documents produced by the Pollu

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