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-1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF FEBRUARY 2015 BEFORE THE HON'BLE MR.JUSTICE N.ANANDA CRIMINAL PETITION No.5095/2014 BETWEEN: 1. M/s.Janapriya Engineers Syndicate Pvt. Ltd., Represented by its Chairman Sri.K.Ravindra Reddy No.124/1B, Arshinakunte, Kasaba hobli, Nelamangala taluk, Bangalore Rural district. 2. Sri.K.Ravindra Reddy Chairman & Managing Director M/s.Janapriya Engineers Syndicate Pvt. Ltd., No.478, 12th cross, Wilson Garden, Bangalore-560 027. ...PETITIONERS (By Sri.S.G.Bhagawan, Adv. ) AND: Karnataka State Pollution Control Board By its Deputy Environmental Officer Mr.E.Prakash, Peenya Industrial Area Bangalore North-560 002. ...RESPONDENT (By Sri.Guruaj Joshi, Adv.) -2- This Crl.P. is filed u/S.482 of Cr.P.C praying to quash the entire proceedings in C.C.No.47/2011 pending in the court of CJ and JMFC, Nelamangala, to meet the ends of justice. This Crl.P. coming on for admission this day, the Court made the following:- ORDER
The petitioner is arrayed as accused in C.C.No.47/2011 registered for offences punishable under Sections 25 and 26 and also under Sections 41(2), 43 and 44 of Water (Prevention and Control of Pollution) Act, 1974. He has filed this petition to quash the proceedings interalia contenting that the complaint was not filed by the Authorised Officer as required under Section 49 of the Act.
2. I have heard Sri.S.G.Bhagawan, learned counsel for petitioner and Sri.Gururaj Joshi, learned counsel for respondent.
3. Perused the complaint and list of documents annexed to the complaint. In the list of documents, copy of authorization letter is mentioned at Sl.No.13.
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4. If the petitioner (accused) feels that there was no proper authorization to initiate the complaint, he is at liberty to raise such a contention before the trial court.
5. The petition is dismissed with these observations.
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JUDGE Srl.