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The Water (Prevention and Control of Pollution) Act, 1974
The Air Force Act, 1950
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 24 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 37 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Karnataka High Court
K N Suresh Naik S/O. Late Nagaling ... vs Karnataka State Pollution ... on 20 October, 2016
Author: Ravi Malimath
                              :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