IN THE HIGH COURT OF JHARKHAND, RANCHI
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                       Cr.M.P. No. 2651 of 2014
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       Tanvir Alam Ansari @ Md. Tanvir Hazi-
       @ Md.Tanweer Alam Ansari ...... ...... ........ Petitioner
                         -- Versus -
       1.The State of Jharkhand
       2.Suresh Paswan         ..... ...... ...... ........ Opposite Parties

       CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
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        For the Petitioners :-    Mr. Gautam Kumar, Advocate
                                  Mr. Md. Asadul Haque, Advocate
        For the State       :-    A.P.P.
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04/ 10.12.2014

The present application is filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of the Order dated 24.3.2014, passed by the learned Chief Judicial Magistrate, Pakur, in O.C.R. Case No.37 of 2014, whereby the learned Chief Judicial Magistrate has taken cognizance of the offence against the petitioner and other co-accused under Section 37 of the Air (Prevention and Control of Pollution) Act. The petitioner has also prayed for quashing of the entire criminal proceedings arising out of aforesaid case.

Learned counsel for the petitioner has submitted that in the similar set of circumstances, this Court vide its order dated 3.12.2014 passed in Cr. M.P. No.2602 of 2014, pleased to issue notice upon the opposite party no.2, granted interim protection of no coercive steps against the petitioner. It is submitted that the present petitioner is also similarly situated person, but, the only difference is that in Cr. M.P. No.2602 of 2014, an application for obtaining previous consent was filed on 16.08.2011, whereas in the instant case, such application was filed on 29.3.2014 (Annexure-3) and the complaint case was instituted on 24.3.2014 . Learned counsel for the petitioner has further submitted that the petitioner is having only storage facilities and he is not running any crusher plant, however, he has been falsely implicated without proper verification in the instant case. Learned counsel for the petitioner has also pointed out by referring Annexure 2 that the petitioner is having valid licence till 31.12.2014 for storage of minor mineral.

Learned A.P.P. for the State submitted that since the complaint case has been instituted at the behest of Jharkhand State Pollution Control Board, the notice may be issued upon the opposite party no.2.

Having regard to the above, let notice be issued upon the opposite party No.2, by registered post with A/D as well as under ordinary process, for which, requisites etc., must be filed on or before 12.12.2014.

Notice is made returnable on 14th Jan., 2015.

Put up this case along with Cr. M.P. No.2602 of 2014 on 14th January, 2015.

Till the next date, no coercive steps shall be taken against the present petitioner in connection with O.C.R. Case No.37 of 2014, pending in the court of learned Chief Judicial Magistrate, Pakur.

The order be communicated through FAX to the court below concerned at the cost of the petitioner.

( P.P. Bhatt, J.) SI