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       IN THE HIGH COURT OF KARNATAKA AT
                    BENGALURU

     DATED THIS THE 23RD DAY OF AUGUST 2016

                         BEFORE

   THE HON'BLE MR. JUSTICE ANAND BYRAREDDY

         CRIMINAL PETITION No.2178 OF 2015

                   CONNECTED WITH

         CRIMINAL PETITION No.5653 OF 2014

         CRIMINAL PETITION No.5654 OF 2014

         CRIMINAL PETITION No.5655 OF 2014

         CRIMINAL PETITION No.5657 OF 2014

IN CRL.P 2178/2015

BETWEEN:

V.S.Badari,
Son of Sri. Somappa Bidari,
Aged 59 years,
Occupation: Executive Engineer
BESCOM.,
C&OM Division,
Hebbal, Bangalore,
Now Working as
(Now retired as
                                 2




Executive Engineer)
Bangalore Rural Circle Office,
Kengeri, Bangalore.
Residing at No.103/B,
3rd Main, 6th Cross,
Ganganagar, Bangalore - 560 032.
                                             ...PETITIONER

(By Shri Prasanna Kumar P., Advocate)

AND:

Karnataka State Pollution
Control Board,
Represented by its
Deputy Environmental Officer,
Ms. P. Sunitha,
Aged 40 years,
Regional Office,
Hoskote,
Nisarga Bhavan,
Ground Floor,
Thimmaiah Main,
7th 'D' Cross, Shivanagar,
Bangalore - 560 010.
                                        ...RESPONDENT

(By Shri M.N.Madhusudhan, Advocate)
                             *****
      This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the order dated
20.9.2013 passed by the Civil Judge and Judicial Magistrate
First Class, Devanahalli in C.C.No.4978/2013 thereby taking
cognizance against the petitioner herein and ordering to register
                                 3




case and issue summons in so far as the same relates to the
petitioner/accused No.2 herein.

IN CRL.P.Nos.5653, 5654,
5655 and 5657/2014

BETWEEN:

V.S.Badari,
Son of Sri. Somappa Bidari,
Aged 59 years,
Occupation: Executive Engineer
BESCOM.,
C&OM Division,
Hebbal, Bangalore,
Now Working as
Executive Engineer,
Bangalore Rural Circle Office,
Kengeri, Bangalore.
Residing at No.103/B,
3rd Main, 6th Cross,
Ganganagar,
Bangalore - 560 032.
                                         ...PETITIONER
                                            COMMON
(By Shri Prasanna Kumar P., Advocate)

AND:

Karnataka State Pollution
Control Board,
Represented by its
Deputy Environmental Officer,
Ms. P. Sunitha,
Aged 40 years,
                                4




Regional Office,
Hoskote,
Nisarga Bhavan,
Ground Floor,
Thimmaiah Main,
7th 'D' Cross, Shivanagar,
Bangalore - 560 010.
                                   ...RESPONDENT
                                      COMMON
(By Shri M.N.Madhusudhan, Advocate)

IN CRL.P.5653/2014

       This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the order dated
20.9.2013 passed by the Civil Judge and Judicial Magistrate
First Class, Devanahalli in C.C.No.176/2014 thereby taking
cognizance against the petitioner herein and ordering to register
case and issue summons in so far as the same relates to the
petitioner/accused No.2 herein.

IN CRL.P 5654/2014

       This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the order dated
20.9.2013 passed by the Civil Judge and Judicial Magistrate
First Class, Devanahalli in C.C.No.5163/2013 thereby taking
cognizance against the petitioner herein and ordering to register
case and issue summons in so far as the same relates to the
petitioner/accused No.2 herein.

IN CRL.P 5655/2014

     This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the order dated
                                5




20.9.2013 passed by the Civil Judge and Judicial Magistrate
First Class, Devanahalli in C.C.No.24/2014 thereby taking
cognizance against the petitioner herein and ordering to register
case and issue summons in so far as the same relates to the
petitioner/accused No.2 herein.

IN CRL.P.No.5657/2014

       This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the order dated
20.9.2013 passed by the Civil Judge and Judicial Magistrate
First Class, Devanahalli in C.C.No.26/2014 thereby taking
cognizance against the petitioner herein and ordering to register
case and issue summons in so far as the same relates to the
petitioner/accused No.2 herein.

       These Criminal Petitions coming on for Admission this
day, the court made the following:

                          ORDER

Heard the learned counsel for the petitioner. These petitions are disposed of by this common order.

2. The petitioner was an Executive Engineer of the Bangalore Electricity Supply Company (BESCOM) and he was stationed at Hebbal at Bangalore. It transpires that Accused No.1 who had been granted a quarrying licence, was carrying on quarrying activities and even after expiry of the licence, he 6 was carrying such activity beyond six months of the expiry of the licence. The Pollution Control Board having come to know of such illegal quarrying activity being carried on, had instructed the BESCOM to stop supply of electricity supply to the quarry. It further transpires that there was delay in disconnection and on that count, a complaint has been lodged for an offence punishable under Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981. It is in that background the court below having taken cognizance by a one line order, the petitioner is before this court.

3. The petitioner is common in all these cases and the complaint is also a similar complaint in respect of inaction on the part of the present petitioner - Accused No.2. It is pointed out that the petitioner was stationed at Hebbal at Bangalore and had nothing to do with the quarry or the supply of electricity to the quarry, which was said to be situated at Devanahalli and was certainly not within his jurisdiction. Hence, the allegation that the petitioner had been notified to disconnect the electricity 7 even if true, would not enable him to carry out such disconnection. Hence, this glaring circumstance has been over- looked in the court below not having applied its mind and having ascertained as to the manner in which the petitioner could be named as an accused. In the absence of any material to indicate that there was any infraction committed by the petitioner, no fault can be said to have been committed by the petitioner. Hence, the counsel seeks that the proceedings against the petitioner be quashed.

4. However, the case is being tried as a summons case and there is no provision under which the court could close the proceedings. Even if it was possible for the court to examine the matter as to the contention now taken up, there is no choice but for the petitioner to stand trial. It is unfortunate that the petitioner who has been retired from service has to go through this process of criminal trial, notwithstanding his serious complaint that he is not at all concerned with the alleged offence and it is some other who ought to be prosecuted and the 8 entire proceedings also would be an exercise in futility if ultimately it is found that the petitioner was not the actual accused.

5. There is no provision under which the court could examine whether in fact the complaint is lodged against the proper person and the entire proceedings may result in futility if indeed the petitioner was not the concerned accused. Since there is no provision under which the petitioner could be compensated if it is ultimately found that he has been wrongly named as the accused and wrongly prosecuted, in exercise of power under Section 482 Cr.P.C., this court directs that if ultimately it is found that the petitioner has been wrongly prosecuted, he shall be compensated at the rate of Rs.500/- for every date of hearing he has been present and has attended the court. Further, in respect of each individual case, he shall be awarded the said compensation, which shall be collected from the complainant, if it is ultimately found that petitioner has been wrongly prosecuted. The petitions are disposed of. 9

Since the cases are being tried as summons cases, the court below shall expedite the proceedings and complete the same at the earliest.

Sd/-

JUDGE KS