203        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                       CRM No. M-23881 of 2016
                                       DECIDED ON: SEPTEMBER 20, 2016


RAVI SHANKAR GUPTA

                                                                  .....PETITIONER
                                    VERSUS


STATE OF HARYANA

                                                                 .....RESPONDENT


CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:   Mr. Bikram Chaudhary, Advocate
           for the petitioner.

           Ms. Neelam Kashyap, DAG, Haryana.

           *****

JASPAL SINGH, J (ORAL) By virtue of instant petition preferred under Section 438 Cr.P.C., petitioner has sought pre-arrest bail in case FIR No. 99 dated 17.03.2016 under Section 188 IPC, under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 33-A of the Air (Prevention and Control of Pollution) Act, 1981 registered at Police Station Mujessar, District Faridabad.

At the time of issuance of notice of motion on July 23, 2016, following order was passed:

"Learned counsel for the petitioner has inter-alia contended that registration of FIR in question is in contravention of provisions contained under Section 33-A of the Water (Prevention and Control of Pollution) Act 1974 and under Section 33-A of the Air (Prevention and Control of Pollution) Act, 1981 and the Court is competent to take cognizance on a complaint made by the concerned authorised officer(s).

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In the meanwhile, petitioner is directed to join the investigation. In the event of arrest, petitioner shall be released on pre-arrest bail at the satisfaction of the Arresting Officer/Investigating Officer subject to the conditions, as envisaged under section 438(2) Cr.P.C."

Learned State counsel, on instructions from SI Lajpat, submits that in compliance of order dated July 23, 2016, petitioner has joined the investigation and he is no more required for further investigation.

In view of above, order dated July 23, 2016 is hereby, made absolute.

However, petitioner shall be abide by all the terms and conditions as envisaged under Section 438(2) Cr.P.C.

Disposed of.

SEPTEMBER 20, 2016                                                (JASPAL SINGH)
sham                                                                   JUDGE

Whether Speaking/Reasoned        Yes/No

Whether Reportable               Yes/No




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