A criminal petition filed for quashing entire criminal proceedings and order of cognizance allowed for valid terms – Jharkhand high court
The present criminal petition has been filed against Case No. 63 of 2006 (G.R. No. 511 of 2006) where criminal proceedings and order of cognizance has been passed against the petitioner in connection of offense under section Section 201 of the Indian Penal Code and Section 37 of the Air (Prevention of Control of Pollution) Act. the present petition was heard and allowed by a single judge bench of HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY in Mahesh Kumar Agarwal and Anr. Versus The State of Jharkhand (Cr. M. P. No. 91 of 2020)
The learned counsel appearing on behalf of the petitioners submits that in the case the allegations were made against the petitioner that the petitioner owner of M/s. Sri Bihari Ji Minerals has not obtained a No Objection Certificate (NOC- consent to establish) from Jharkhand State Pollution Control Board and the unit was found running without obtaining such NOC under the pollution control law. And during the inspection, it was found that the petitioner already has obtained a NOC and was valid at the time of operation. The counsel submits that the entire case filed against the petitioners is an abuse of the process of law and therefore the entire criminal proceeding as well as the order taking cognizance to be set aside.
The learned counsel appearing on behalf of the respondents submits that the NOC was issued to the unit of the petitioners and as the fact stated by the petitioners that on the date of inspection i.e. on 29.08.2006 the petitioners were having No Objection Certificate dated 04.05.2006 valid for six months is not in dispute, however, there is considerable delay in moving to court and in filing the FIR and the NOC was not produced at the time of inspection.
After hearing the argument from both the parties the court decides the petitioner has valid reasons and the petition is allowed.
Judgment reviewed by Naveen Sharma