:1:




       IN THE HIGH COURT OF KARNATAKA
           CIRCUIT BENCH AT DHARWAD

     DATED THIS THE 01 S T DAY OF JULY, 2013

                       BEFORE

         THE HON'BLE MR.JUSTICE N.ANANDA

      CRIMINAL PETITION No.10811 OF 2013

BETWEEN:

1.    M/S.THE INDIA SUGARS & REFINERIES LTD
      REPTD. BY ITS MANAGING DIRECTOR
      SY. NO. 234, 241, 314, KHATA NO. 1532,
      CHITWADGI-583 211, HOSPET TALUK,
      DIST: BELLARY

2.    SIDHARATH R. MORARKA
      MANAGING DIRECTOR
      M/S. THE INDIA SUGARS & REFINERIES LTD,
      SY. NO. 234, 241, 314, KHATA NO. 1532,
      CHITWADGI-583 211, TQ: HOSPET,
      DIST: BELLARY

3.    S.S. NARAYANA
      DIRECTOR (TECH)
      M/S. THE INDIA SUGARS & REFINIERIES LTD,
      SY. NO. 234,241,314 KHATA NO. 1532,
      CHITWADGI-583 211, HOSPET,
      DIST: BELLARY

4.    RAHUL RAJENDRA PRASAD MORARKA
      JOINT MANAGING DIRECTOR
      M/S. THE INDIA SUGARS &
                          :2:




     REFINERIES LTD.,
     2ND FLOOR, MORARKA HOUSE NO.
     24/B, CARMICHAEL ROAD,
     MUMBAI -400 026.

5.   BASAVANAHALLI SEETARAMAIAH
     GURUMURTHY, DIRECTOR,
     M/S. THE INDIA SUGARS & REFIERIES LTD,
     NO. 06, VHBCS LAYOUT, IST MAIN
     BASAVESHWARANAGAR,
     BANGALORE-560 086.

6.   HETAHGOUDAHALLI NANJUNDE GOWDA
     SHASHIDHARA, ADDL. DIRECTOR,
     M/S. THE INDIA SUGARS & REFIERIES LTD,
     NO. 133/38, 2ND CROSS, IST MAIN ROAD,
     PRASHANTH NAGAR,
     BANGALORE-560 079.

7.   SANJAY MADHAV MEDHEKAR
     DIRECTOR,
     M/S. THE INDIA SUGARS & REFIERIES LTD,
     PL-6, SN 26A, SAHAWAS CO.
     HOUSING SOCIETY KARVENAGAR,
     PUNE-411 052, MAHARASHTRA
                                      ... PETITIONERS

(By Sri. RAVI B NAIK, LEARNED SR.COUNSEL
      SRI.V.M.SHEELAVANT & J.BASAVARAJ Advs.)

AND:

     KARNATAKA STATE POLLUTION
     CONTROL BOARD, NO. 49,
     PARISARA BHAVAN CHURCH STREET,
     BANGALORE-560 001,
                            :3:




    REPTD. BY ITS DEPUTY ENVIRONMENT OFFICER,
    KSPCB, REGIONAL OFFICE, SY.NO. 597P,
    WARD NO. 25, 4TH MAIN ROAD,
    NEAR DR. VISHNUVARDHANA PARK,
    KUVEMPUNAGARA, BELLARY-583 104.

                                     ... RESPONDENT
(By Sri. G I GACHCHINAMATH ADV. FOR R1;
      SRI.VEERESH R.BUDIHAL, ADV. FOR PROPOSED R2)

     THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. SEEKING TO QUASH THE COMPLAINT IN
C.C.NO.1005/2013 PENDING ON THE FILE OF THE JMFC,
HOSPET, DATED 16.05.2013 AND QUASH THE ORDER
DATED 16.05.2013 PASSED BY THE JMFC, HOSPET
DIRECTING TO REGISTER CRIMINAL CASE AGAINST THE
PETITIONERS.

     This criminal petition coming on for Hearing
on IA this day, the Court made the following:


                        O R D E R

The petitioners have been summoned to appear before the court below for an offence punishable under Section 21(5) read with Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 [for short 'the Act']. :4:

2. I have heard Sri.Ravi. B.Naik, learned senior counsel for petitioners. The learned counsel for complainant/Board is absent. I have heard Sri.Veeresh R.Budihal, learned counsel appearing for applicants of I.A. No.2/2013.

3. The complaint is filed against petitioners alleging that they have committed afore-stated offences by not installing wet-scrubbers to 20 TPH and 10 TPH boilers and providing of closed shed to bagasse storage.

4. In terms of the order passed by the Chairman of the Board on 15.02.2013, the petitioners' industry has been given time upto 30.09.2013 to provide scrubbers to boilers of capacity 20 TPH and 10 TPH. Much before the expiry of that period, the instant complaint was filed on 07.05.2013. In the complaint, there is a reference to the time provided for petitioners to :5: install the wet-scrubbers to 20 TPH and 10 TPH boilers.

5. Sri.Ravi B.Naik, learned senior counsel appearing for the petitioners, would submit that in terms of the order dated 15.02.2013, the petitioners' industry (M/s.India Sugars and Refineries Limited, Chitwadgi, Hospet Taluk, Bellary District) would install wet-scrubbers to the boilers of capacity 10 TPH and 20 TPH on or before 30.09.2013. The submission is recorded.

6. The trial court has taken cognizance of the afore-stated offences and the complaint was initiated in terms of Section 43 of the Act. Therefore, the impleading applicants have no right of audience either before this Court or before the trial court. The application (I.A. No.2/2013) is accordingly dismissed.

7. In the result, I pass the following: :6:

O R D E R

(i) The petition is accepted;

(ii) The impugned order is set aside;

(iii) If the petitioners' industry namely M/s.The India Sugars and Refineries Limited, Chitwadgi, Hospet Taluk, Bellary District does not install wet- scrubbers to the boilers of capacity 10 TPH and 20 TPH on or before 30.09.2013 in terms of the order dated 15.02.2013, the complainant is at liberty to revive the complaint before the trial court.

(iv) The other contentions urged herein are kept open.

Sd/-

JUDGE RK/-