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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 9TH DAY OF OCTOBER, 2018

                        BEFORE

   THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

           CRIMINAL PETITION NO.587 OF 2013

BETWEEN:

SRI S BASAVARAJU
S/O SRI.SIDDABASAPPA,
AGED ABOUT 60 YEARS,
RETIRED MUNICIPAL COMMISSIONER
CITY MUNCIPAL COUNCIL,
CHITRADURGA

PRESENTLY R/AT
GIRIDARSHI 3RD CROSS,
SIDDESHWARANAGAR,
VIDYANAGAR POST,
SHIMOGA-577 201.                         ... PETITIONER

(By Sri. VISHWANATH R. HEGDE, ADVOCATE)

AND:

KARNATAKA STATE POLLUTION CONTROL BOARD
NO.49, PARISARA BHAVAN,
CHURCH STREET,
BANGALORE-560 001,
REP. BY ITS ENVIRONMENTAL OFFICER,
REGIONAL OFFICE,
H.NO.869, 1ST FLOOR, III CROSS(WEST),
J.C.R.EXTENSION,
CHITRADURGA-577 501.                  ... RESPONDENT

(By Sri. JEEVAN J. NEERALGI, ADVOCATE)
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     THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE
PROCEEDINGS IN C.C.NO. 394/2007 ON THE FILE OF THE II -
ADDL. CIVIL JUDGE AND JMFC, CHITRADURGA VIDE ANX- A.

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-

                             ORDER

Heard the learned advocate for the petitioner and the learned HCGP for the respondent-State.

2. Petitioner was working as a Municipal Commissioner, City Municipal Council, Chitradruga. A private complaint in P.C. No.433/2006 was lodged by the Karnataka State Pollution Control Board contending inter alia that the petitioner had committed offences punishable under Section 25 of Water (Prevention and Control of Pollution) Act, 1974. The private complaint is now converted as C.C.No.394/2007. The petitioner, in this petition, has prayed for quashing the said proceedings. 3

3. Sri.Vishwanath.R.Hegde, learned advocate for the petitioner urged a solitary ground that permission under Section 197 Cr.P.C. was not obtained by the respondent before filling the private complaint.

4. It is trite that no sanction under Section 197 Cr.P.C. is required before initiating prosecution as held by the Hon'ble Apex Court in the case of V.C.Chinnappa Goudar -vs- Karnataka State Pollution Control Board and Another reported in (2015) 14 SCC 535. Hence, the solitary ground urged by the petitioner is untenable.

In the circumstances, in my view, this petition does not merit consideration and deserves to be dismissed, and is accordingly dismissed.

No costs.

Sd/-

JUDGE ln