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           IN THE HIGH COURT OF KARNATAKA
              CIRCUIT BENCH AT DHARWAD
        DATED THIS THE 3RD DAY OF JULY, 2013
                          BEFORE
          THE HON'BLE MR. JUSTICE N. ANANDA


                  CRL.RP.No.2150/2013

BETWEEN:

M/s Hothur Traders,
Reptd. by H. Mohammed Iqbal,
Managing Partner,
M.L.No.2107, Mallagolla village,
Tal:Sandur, Dist: Bellary.          ..         Petitioner

(By Sri Srinand A. Pachhapure, Adv.)

AND:

Karnataka State Pollution Control Board,
Reptd. by its Environmental Officer,
Situate at Kuvempu Nagar,
Bellary.                            ..         Respondent

(By Sri.Jeevan J. Neeralgi, Adv.)

     This criminal revision petition is filed under section
397 read with Sec.401 of Cr.P.C., praying to set-aside the
order dated 2.02.2013 passed by the II Addl. Sessions
Judge, Bellary, in Crl.RP.161/12 marked at Annexure-A,
etc.

      This criminal revision petition coming on for Orders
this day, the court, made the following:
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                           ORDER

The respondent-Board had filed a complainant under Section 200 Cr.P.C. alleging offences punishable under Sections 15 and 19 of the Environment (Protection) Act, 1986, against M/s Hothur Traders and its partner, viz., H.Ahmed.

2. The case was pending trial in C.C.No.1179/2007 on the file of the learned Civil Judge & JMFC, Sandur. On 25.2.2007 the II-accused, namely, H.Ahmad died. On 29.6.2010 the learned Trial Judge recorded abatement of case against II-accused and closure of case against I-accused by a non-speaking order. As per averments of complaint, offence was committed by the firm and its partners. In the circumstances, learned Trial Judge should have heard the complainant and considered averments of complaint in accordance with Section 40 of the Air (Prevention and Control of Pollution) Act, 1981. 3

3. The Complainant-Board was before the revisional Court in CRL.RP.161/12. The learned Judge of the revisional court passed the following order:

"The Criminal Revision Petition No.161/2012 filed under section 397 of Cr.P.C. is hereby allowed.

Consequently the order passed in CC No.1179/2007 dated 29.7.2010 by the learned Civil Judge & JMFC, Sandur is hereby set-aside.

Accordingly, direct the trial Court to give an opportunity to the Complainant/Karnataka State Pollution Control Board to take further steps against the legal heir of accused no.2 or the partner stepped into his shoes and proceed with the complaint in accordance with law.

The office is directed to send back the trial Court records along with copy of order passed in this revision forthwith to the trial Court for reference and to implement the order of this Court."

4. The order of learned Judge of Revisional Court that the Board shall take steps against legal heir of accused-2 is opposed to the basic principles of criminal jurisprudence. However, the Board can proceed against the partners of the Firm/accused-1, if they fall within the ambit of Section 40 of the Act.

5. Therefore, petition is accepted. The impugned order is modified. The matter is remanded to the learned Trial Judge to consider the application, if any, filed by the Board (complainant) to array other partners of the accused-1 Firm by taking into consideration averments of complaint and having regard to the provisions of Section 40 of Air (Prevention and Control of Pollution) Act, 1981. The learned Trial Judge shall consider such application on hearing the learned Counsel for Board and the learned Counsel for proposed accused.

SD/-

JUDGE Sub/