Sri Surendernath Singh vs Karnataka State Pollution ... on 9 July, 2015

Karnataka High Court

Author: A.N.Venugopala Gowda

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9TH DAY OF JULY 2015

                      BEFORE

THE HON'BLE MR.JUSTICE A. N. VENUGOPALA GOWDA

          CRIMINAL PETITION NO.4034 OF 2012

BETWEEN:

SRI.SURENDERNATH SINGH
S/O B.K.RAMNARAYAN
AGED ABOUT 77 YEARS
NO.195, 4TH MAIN ROAD
CHAMRAJPET
BANGALORE - 18.
                                       ... PETITIONER
(BY SRI.C.V.SUDHINDRA, ADV.)

AND:

1.     KARNATAKA STATE POLLUTION
       CONTROL BOARD
       BANGALORE
       REPRESENTED BY
       DEPUTY ENVIRONMENTAL OFFICER
       PLOT NO.97
       ANTHRASANA HALLI
       INDUSTRIAL AREA
       SIRA ROAD, LINGAPURA
       TUMKUR - 572 106.

2.     M/S KAMALA BAI IRON ORE MINES
       NO.195, 4TH MAIN ROAD
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     CHAMARAJPET
     BANGALORE - 18.
                                        ... RESPONDENTS

     THIS CRL.P. IS FILED U/S.482 OF CR.P.C PRAYING
TO QUASH THE ENTIRE PROCEEDINGS AND ORDER
ISSUING PROCESS IN C.C.NO.294/2007 PENDING ON THE
FILE OF THE CIVIL JUDGE (JR.DN.) & JMFC,
CHIKKANAYAKANAHALLY UNDER ANNEXURE-A.

     THIS CRL.P. IS COMING ON FOR ADMISISON THIS
DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

Grievance of the petitioner is with regard to the illegality in taking cognizance by the learned Magistrate, in respect of the offences under Section 25 of the Water Act r/w Section 44 of Water (Prevention & Control of Pollution) Act, 1974 and the summons issued to him. The said grievance can be the subject matter of consideration in a revision petition under Section 397 Cr.PC, as held in Urmila Devi Vs. Yaduvir Singh, (2013) 15 SCC 624.

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Hence, this petition is disposed of by reserving liberty to the petitioner to avail the said statutory remedy.

All contentions raised in this petition are left open. If the remedy of revision is availed on or before 31.07.2015, the time taken in prosecution of this petition from 20.07.2012, shall stand excluded for the purpose of computation of limitation.

Interim order passed in this petition, shall operate till the date of filing of the criminal revision petition or 31.07.2015, whichever date is earlier.

Certified copies produced along with this petition, be returned to the learned advocate for the petitioner.

Sd/-

JUDGE GH