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           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 11TH DAY OF JANUARY 2018

                         BEFORE

     THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO


                CRL.P.No.100660/2014

BETWEEN

SURYAKANT SHIVARAYA VEERAKAR,
AGE: 62 YEARS, OCC: PENSIONER
R/O H NO. 223 VIVEK NAGAR (EAST),
BIJAPUR.
                                        ..... PETITIONER
(BY SRI M G NAGANURI, ADV.)


AND

1.    THE KARNATAKA STATE POLLUTION
      CONTROL BOARD,
      HEAD OFFICE AT BANGALORE AND
      REGIONAL OFFICE AT BELGAUM,
      R/BY ITS ENVIRONMENT OFFICER
      SHRI K M NAGARAJ

2.    THE STATE OF KARNATAKA
      R/BY THE ADDITIONAL SPECIAL
      PUBLIC PROSECUTOR,
      HIGH COURT OF KARNATAKA,
      DHARWAD BENCH.
                                     ..... RESPONDENTS
(BY SRI GURUDEVA GACHCHINAMATH, ADV. FOR R1
SRI PRAVEEN K. UPPAR, HCGP FOR R-2)

     THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.
NO.132/2009 (P.C.NO.44/2008) ON THE FILE OF THE JMFC
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COURT, SAUNDATTI AND THE ORDER DATED 21.01.2013
PASSED BY IT.

      THIS PETITION COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

This petition is filed under Section 482 of Cr.P.C. to quash the entire proceedings in C.C.No.132/2009 (P.C.No.44/2008) on the file of J.M.F.C., Saundatti for the offences punishable under Sections 24, 25 and 26 of Water Act and under Sections 43, 44 of Water (Prevention & Control of Pollution) Act, 1974 and the order dated 21.01.2009 passed by it.

2. The substance of the case are that the petitioner was a Chief Officer of Town Municipal Council, Saundatti from 17.11.2006 till 01.06.2007. This being the fact, the first respondent filed a private complaint against the petitioner in P.C.No.44/2008. It is the duty of Town Municipal Council, Saundatti to maintain and keep Saundatti Town clean and environment free from pollution and effluent. The Council having been established on the plain area, has allowed the discharg the entire untreated sewage without any treatment to Malaprabha River as :3: such, the water of the said river is being polluted. The complainant made correspondence with the petitioner to treat the sewage effluent in proper manner so as to avoid the contamination of river water. The petitioner did not care the instructions in spite of several directions made by the Pollution Control Board and did not comply with the provisions of the Water Act. The petitioner had obtained consent from the respondent No.1 for the period ending on 30.06.2005 on the condition to have its own treatment plant to treat the sewage effluent prior to its discharge and the petitioner had assured to comply with the terms and conditions. Thus, the main grounds of the complaint is that effective steps were not taken to treat the sewage effluent in proper manner so as to avoid the contamination of Malaprabha river water which is used for irrigation and for drinking.

3. Sri. M.G. Naganuri, learned counsel for the petitioner would submit that, the petitioner in his official capacity, was insisting the Government to install a plant and as such, the petitioner was not the Chief Officer on the :4: date of inspection. The petitioner is falsely implicated in the alleged crime. Hence, he prays for quashing of the proceedings initiated against him.

4. Sri G.I. Gachchinmat, learned counsel for the respondent No.1 would submit that petitioner was also the Chief Officer of the Town Municipal Council from the period of 23.05.2003 to 10.01.2005. The petitioner is responsible for the breach of consent. He would further submit that, the matter falls within the domain of the trial Judge, as it is open to the petitioner to urge his defence or justification before the trial Judge.

5. On the overall context and circumstance, I am of the view that it is open to the petitioner to urge his remedies before the trial Court. The petition is dismissed.

A liberty to the petitioner is given to urge all remedies before the trial Court.

Sd/-

JUDGE Naa