HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- U/S 482/378/407 No. - 1319 of 2020
 

 
Applicant :- Dr. Bhupendra Kumar Modi
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Purnendu Chakravarty
 
Counsel for Opposite Party :- G.A.,A.K.Verma
 

 
Hon'ble Chandra Dhari Singh,J.

The instant petition has been filed with the following prayer:-

"WHEREFORE it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present Application and quash the order dated 20.01.2020 passed by District & Sessions Judge, Lucknow dismissing Criminal Revision of the applicant on stage of admission without affording an opportunity to the applicant alongwith the impugned order dated 13.12.2019 so as to ensure the compliance of the earlier order dated 4.5.2013 passed by Learned Trial Court and the order dated 5.5.2014 for its compliance / providing of the documents mentioned in the pending application and allow the Applicant an opportunity to cross examine the witness of the Respondent under section 244 Cr.P.C before the Learned Special Judicial Magistrate, Pollution, Lucknow in Complaint Case No. 44 / 1988 (UP Pollution Control Board Vs. Modi Carpets & others) under section 44 of the Water (Prevention & Control of Pollution) Act, 1974 in the interest of justice."

Learned counsel for the petitioner has submitted that a criminal complaint has been filed by the U.P. Pollution Control Board against Modi Carpets Ltd., Rae Bareli and 12 other Directors and responsible officers of the company. The name of the petitioner was mentioned in the array of respondents/accused at Serial No.4. As per the complaint, during the occurrence in question, the petitioner Dr. Bhupendra Kumar Modi was on the post of Joint Managing Director of the Company M/s Modi Carpets Ltd., Rae Bareli. Some allegations regarding violation of provisions of Water (Prevention & Control of Pollution) Act, 1974 have been mentioned in the complaint and the criminal liability for all the accused persons named in the complaint has been set forth for the trial before the Court of Special Judicial Magistrate, Pollution, Lucknow.

Shri H.G.S. Parihar, learned Senior Advocate assisted by Shri Purnendu Chakravarty, learned counsel for the petitioner has submitted that vide order dated 20.01.2020 (supra) passed by District & Sessions Judge, Lucknow, criminal revision of the petitioner has been dismissed at the stage of admission itself without affording any opportunity to the petitioner. Vide order dated 13.12.2019, Special Judicial Magistrate, Pollution, Lucknow dismissed the application of the petitioner and fixed the date on 23.12.2019 for evidence under Section 244 Cr.P.C., without considering the fact that the relevant documents which were required for cross-examining P.W.-1 have not been served on the petitioner.

Learned Senior Advocate appearing for the petitioner, without entering into the merits of the case, has confined his prayer to the extent that documents which are mentioned in Para - 5 of application dated 05.05.2014 (Annexure - 5) be given to the petitioner and he be given one chance to cross-examine P.W.-1.

Shri Ashok Verma, learned counsel for respondent no.2 has no objection to the aforesaid prayer made by learned Senior Advocate appearing for the petitioner. However, Shri Verma has submitted that there is a possibility that the documents as claimed by the petitioner in Annexure - 5 may not be available with the U.P. Pollution Control Board. He further submitted that the petitioner may be given liberty to move an appropriate application before U.P. Pollution Control Board for getting the documents.

In view of the above and in the interest of justice, the instant petition is allowed. Order dated 20.01.2020 passed by District & Sessions Judge, Lucknow in Criminal Revision No.12 of 2020 (Dr. Bhupendra Kumar Modi vs. State of U.P.) and order dated 13.12.2019 passed by Special Judicial Magistrate, Pollution, Lucknow in Case No.44 of 1988 (State of U.P. vs. Modi Carpets Ltd. & Ors.) are hereby set aside.

The petitioner is at liberty to move an appropriate application before the U.P. Pollution Control Board mentioning therein all the documents required from the said Board. Upon receipt of such an application, the U.P Pollution Control Board shall supply copies of the said documents, if available, to the petitioner within 10 days.

After receiving the said documents from the Board, the petitioner shall be at liberty to move an application alongwith the documents so procured by the U.P. Pollution Control Board before the Court below to cross-examine P.W. - 1. The Court below shall permit the petitioner to cross-examine P.W.-1 by fixing a date. However, on the date fixed for cross-examination, no adjournment shall be granted on any ground and all sincere efforts would be made to conclude the cross-examination on the same day itself.

Order Date :- 28.2.2020 nishant/-