IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. M.P. No. 17 of 2017
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           1.   Hemant Goyal.
           2.   Punit Gupta.                      .....Petitioners
                                           Versus
           1.        The State of Jharkhand.
           2.        Mr. Suresh Paswan.                   ...    Opposite Parties
                                                   ---
           CORAM       : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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           For the Petitioners         : Mr. Nitin Kumar Pasari, Advocate
           For the State               : A.P.P.
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02/9.1.2017

It has been submitted by the learned counsel for the petitioner that the fact of the case does not constitute an offence under sections 277, 278 & 34 of the Indian Penal Code. It has further been submitted that no FIR could be instituted under section 37 of the Air (Prevention & Control of Pollution) Act, 1981 in view of clear bar under section 43 of the said Act, wherein cognizance can be taken only on a complaint made by the officer authorised. It has also been submitted that no FIR could be instituted as in terms of section 2(d) of the Code of Criminal Procedure a complaint does not include an FIR. Learned counsel submits that the petitioners are the Directors and Managers of M/s Narsingh Ispat Pvt Ltd., which has also been granted the consent to operate. Learned counsel thus submits that in absence of any allegation having been made out against the petitioner, entire criminal proceedings against the petitioner deserves to be quashed and set aside.

Learned counsel for the petitioner is directed to serve two copies of the petition on Mrs. Richa Sanchita, learned counsel appearing for Air Pollution Control Board, who subsequent to the same, shall file a counter affidavit within a period of four weeks.

List this case after four weeks under the heading "For Admission".

Until further orders, there shall be no coercive steps against the petitioner in connection with Chandil-Chowka P.S. Case No. 72 of 2016, G.R. No. 1288 of 2016, pending in the court of learned Sub Divisional Judicial Magistrate, Saraikella.

Let the order be sent through Fax at the cost of the petitioner.

(Rongon Mukhopadhyay, J) Rakesh/