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         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

       DATED THIS THE 30TH DAY OF NOVEMBER 2018

                         BEFORE

     THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO

                 Crl.P.No.100085 of 2017

Between:

Basanagouda S/o.Kalagouda Patil,
Proprietor, Shree Nidhi Stone Crushing Unit,
Age 55 years, Occ: Business,
R/o.: 19/1, M.B. Nagar, Main Road,
Gulganjikoppa, Dharwad.
                                               ... Petitioner
(By Shri Shivasai M. Patil, Advocate)

And:

1.     The State of Karnataka,
       Rep. by the State Public Prosecutor,
       High Court Builidng, Dharwad Bench,
       Dharwad.

2.     The Karnataka State Pollution Control Board,
       Rep. by its Member Secretary,
       Parisara Bhavan, 1st to 5th Floor,
       No.49, Church Street, Bengaluru.

3.     The Chief Environment Officer,
       Pollution Control Board, Plot No.4,
       Lakamanahalli Industrial Area,
       Dharwad-580 004, Dharwad District.
                                             ... Respondents
(By Shri Praveen K.Uppar, HCGP for R1;
 Shri G.I.Gachchinamath, Advocate for R2;
 Respondent No.3 - served)
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      This criminal petition is filed under Section 482 of
Cr.P.C. seeking to quash the entire proceedings in
Criminal Case No.1846 of 2016 in private complaint No.9
of 2016 for the offences under Sections 21, 31(A) and
Section 37 of AIR AC/1981 pending before the II-
Additional C.J. (Junior Division) and Judicial Magistrate
First Class-II Court, Dharwad, by allowing this petition.

      This petition coming on for admission, this day, the
court made the following:

                             ORDER

This petition is directed against the proceedings in Criminal Cases No.1846 of 2016 in connection with the private complaint No.9 of 2016 pending before the II- Additional Civil Judge (Jr.Dn.) and JMFC-II Court, Dharwad for the offences punishable under Sections 21, 31-A and Section 37 of AIR (Prevention and Control of Pollution) Act, 1981

2. Shri Shivasai M.Patil, the learned counsel for the petitioner would submit that the petitioner was running stone crushing unit under the name and style as M/s.Shree Nidhi Stone Crushing Unit at Sy.No.132/2 at Chandanamatti village Taluk and District Dharwad after obtaining due permission from the competent :3: authorities. The third respondent issued notice to stop the stone crushing unit activities. Further, the petitioner has closed the unit of stone crushing and has also taken the endorsement from the authorities on 12.05.2016. However, respondent No.3 has filed private complaint. He further submits that the petitioner had stopped the quarrying work long back and also taken endorsement from the competent authorities, but a false complaint being filed against him stating running quarrying work and for stopping it.

3. In the context and circumstance of the case, the date of running business and stopping the process of quarrying are all mixed questions of facts of law, which cannot be adjudicated in a preliminary stage. The petitioner has ample opportunities and the petition cannot be entertained. Hence, the petitioner filed under Section 482 is hereby rejected.

Sd/-

JUDGE Vnp*