IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. M.P. No. 312 of 2017
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1. Prabhat Kumar Choubey

2. Gaurav Lata

3. Sujit Kumar Mallik @ Sujit Mallik

4. Jawahar Lal Vig

5. Sarabjeet Singh

6. Manoj Kumar Sinha

7. Anil Kumar Lal

8. Shankar Lal Agarwal

9. Vijay Kumar Mittal

10. Shivjee Singh

11. Shambhu Sharan Sharma .... Petitioners Versus

1. The State of Jharkhand

2. Mr. Suresh Paswan ... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners      : Mr. Nitin Kumar Pasari, Advocate
For the State            : APP
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Order No. 02                                Dated 08th February, 2017

It has been submitted by the learned counsel for the petitioners that the fact of the case does not constitute an offence under sections 277, 278 & 34 of the Indian Penal Code. It has further been submitted that no FIR could be instituted under section 37 of the Air (Prevention & Control of Pollution) Act, 1981 in view of clear bar under section 43 of the said Act, wherein cognizance can be taken only on a complaint made by the officer authorised. It has also been submitted that no FIR could be instituted as in terms of section 2(d) of the Code of Criminal Procedure a complaint does not include an FIR. Learned counsel submits that the petitioners are the Directors and Managers of M/s. Chandil Industries Pvt. Ltd., M/s. Jai Mangala Sponge Iron (P) Ltd., M/s. Emaar Alloys (P) Ltd. and M/s. Sidhi Vinayak Metcom Limited, which have also been granted the consent to operate. Learned counsel thus submits that in absence of any allegation having been made out against the petitioners, entire criminal proceedings against the petitioner deserves to be quashed and set aside.

Learned counsel for the petitioners is directed to serve two copies of the petition on Mrs. Richa Sanchita, learned counsel appearing for Air Pollution Control Board, who subsequent to the same, shall file a counter affidavit within a period of four weeks.

List this case after four weeks under the heading "For Admission" along with Cr.M.P. No. 17 of 20017.

Until further orders, there shall be no coercive steps against the petitioners, named above, in connection with Chandil-Chowka P.S. Case No. 72 of 2016, G.R. No. 1288 of 2016, pending in the court of learned Sub Divisional Judicial Magistrate, Saraikella.

Let the order be sent through Fax at the cost of the petitioners.

(Rongon Mukhopadhyay, J) MK