THE HIGH COURT OF MADHYA PRADESH
                    MCRC-6492-2018
         (MANISH SANGHI Vs MADHYA PRADESH POLLUTION CONTROL BOARD)


1
Jabalpur, Dated : 20-02-2018
      Shri Jaideep Sirpurkar, learned counsel for the petitioner.
      Shri Vikram Johri, learned counsel appeared on behalf of
respondent on advance notice.

Heard.

By filing this application under Section 482 Cr.P.C, the petitioner seeks invocation of the extraordinary power of this Court and to issue a limited direction to the Court below for deciding the application under Section 47 of the Water (Prevention and Control of Pollution) Act, 1974 (for brevity the "Act, 1974") and application under Section 205 of Cr.P.C.

On behalf of the petitioner it is contended that the petitioner is the Managing Director of company "Everest Industries Limited." According to him the accused No. 2 impleaded in the complaint pending before C.J.M, Katni, is the General Manager, (Works) is the in-charge, who is looking after the conduct of business of the company at the relevant time. The petitioner has filed an application under Section 47 of the "Act, 1974" and 205 of Cr.P.C. The petitioner prays that the Court has directed for the attendance of the petitioner.

The limited prayer sought is that the learned trial Court be directed to dispose of these two applications and then Court may direct for the presence of the petitioner.

It is contended that the petitioner is the resident of New Delhi. Therefore, it would be appropriate to allow this petition. The learned trial Court is directed to consider the application filed under Section 47 of the "Act, 1974," and Section 205 of the Cr.P.C and then Court may issue directions for securing the presence of the petitioner.

With this direction this petition is disposed of.

(SUSHIL KUMAR PALO) JUDGE awinash Digitally signed by AWINASH CHANDRA Date: 2018.02.21 12:44:35 +05'30'