--- 1 ---
                       M. CR. C. No. 8801 / 2015
03/05/2016
      Mr. S. K. Vyas, learned senior counsel appearing with Mr. Rishi
Tiwari, Advocate, learned counsel for the petitioner.
      Mrs. Preeti Waghmare, learned counsel for the respondent -

Board.

Learned senior counsel for the applicant has straightway drawn attention of this Court towards the judgment delivered by this Court in the case of Arun Mathur and another Vs. M.P. Pollution Control Board (Cr. Rev. No. 472 / 2004, decided on 14/8/2007) and his contention is that in similar circumstances as there was no sanction u/S. 197 of the Code of Criminal Procedure, 1973, the proceedings were quashed by this Court. In the aforesaid case, the prosecution was under the provision of Pollution Control Act, 1986. Reliance has also been placed upon the judgment delivered by the Punjab & Haryana High Court in the case of Punjab State Board for Prevention and Control of Water Pollution Vs. Raghunath (Cr. Rev. No. 181 / 1990, decided on 10/8/2000). In the aforesaid case also the accused persons were discharged for want of sanction u/S. 197 of the Code of Criminal Procedure, 1973. Reliance has also been placed upon the judgment delivered by this Court in the case of Rambabu Jakhenia Vs. Purshottam reported in 2007 (2) MPLJ 261; Kailash Chandra Vs. M. P. Pollution Control Board reported in 2010 (2) MPJR 226; and lastly, upon the judgment delivered by the apex Court in the case of Omprakash Vs. State of Jharkhand (Cr. A. No. 1491 / 2012, decided on 26/9/2012) wherein the apex Court has held that ground of sanction can be taken at the initial stage also.

On the other hand, Mrs. Preeti Waghmare, learned counsel for

--- 2 ---

the respondent - Board has placed reliance upon the judgment delivered by this Court in the case of Manish Singh and another Vs. M. P. Pollution Control Board (M.CR.C.No. 271/2006, decided on 22/9/2008) and her contention is that this Court has dismissed the petition preferred by Mr. Manish Singh who was Commissioner, Municipal Corporation, Bhopal in identical circumstances.

This Court has carefully gone through the judgment delivered in the case of Manish Singh (supra). The aforesaid judgment nowhere deals with the point of sanction and, therefore, the judgment relied upon by the learned counsel for the respondent is distinguishable on facts.

Keeping in view the aforesaid, this Court is of the considered opinion that learned senior counsel for the applicant has been able to make out a prima faice case for grant of interim relief.

Resultantly, all further proceedings in respect of Complaint No. 13672/2015 pending before the Court of CJM, Indore shall remain stayed till the next date of hearing.

The present petition is admitted for final hearing. List for hearing in due course.

Certified copy, as per Rules.

(S. C. SHARMA) JUDGE KR