Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
:1: IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH ON THE 20TH DAY OF OCTOBER, 2016 BEFORE THE HON'BLE MR.JUSTICE RAVI MALIMATH CRIMINAL PETITION No.101287/2015 BETWEEN: K N SURESH NAIK S/O. LATE NAGALING NAIK AGE: 46 YEARS, OCC: SERVICE R/O. DHARWAD CO-OP. MILK PRODUCER UNION, DHARWAD ... PETITIONER (BY SRI.SRINIVAS B. NAIK, ADVOCATE) AND: KARNATAKA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE PLOT NO. 4 LAKAMANHALLI INDUSTRIAL AREA DHARWAD R/BY AUTHORISED OFFICER/ DEPUTY ENVIRONMENT OFFICER MR. J YOGANAND N GOWDA ... RESPONDENT (BY SRI. GURUDEV I. GACHICHINAMATH, ADVOCATE) --- THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DT: 20/6/15 IN CC NO.121/2015 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND CJM COURT AT DHARWAD AGAINST THE PETITIONER REGISTERED FOR THE O/P/U/SEC.37 OF AIR ACT 1981 AND SEC.43 AND 44 OF WATER ACT 1974 (SO FAR PETITIONER IS CONCERNED). :2: THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
The respondent/complainant lodged a private complaint against the petitioner/accused for the offences under Sections 21 and 31(A) punishable under Section 37 of the Air (Prevention & Control of Pollution) Act, 1981 ('Air Act', for short) and Sections 24 and 25 punishable under Sections 43 and 44 of the Water (Prevention & Control of Pollution) Act, 1974 ('Water Act', for short). Questioning the proceedings, the present petition is filed.
2. Heard learned counsels.
3. The complainant has narrated the manner in which the offence has been committed by the petitioner. That the provisions of Air Act and Water Act have been blatantly violated by the petitioner. Substantial material have been placed by the complainant in order to show that the petitioner is guilty of the offence alleged against him. Based on available material, I do not find any good ground to quash the proceedings. :3:
Consequently, the petition is rejected.
Sd/-
JUDGE gab