In the High Court of Jharkhand at Ranchi

                    Cr.M.P.No.2742 of 2013

            Ajay Kumar Pathak @ Lulu Pathak...... Petitioner

                          VERSUS

            State of Jharkhand .........................Opposite Party

            CORAM: HON'BLE MR. JUSTICE R.R.PRASAD

            For the Petitioner : Mr.Nilesh Kumar
            For the State      :Mrs. Rashmi Kumari, A.C

2/   18.02.14

. Learned counsel appearing for the petitioner submits that an FIR was lodged against the petitioner alleging therein that the petitioner without having no objection issued by the Pollution Control Board has been running crusher machine where he had stored stone, though the petitioner does not have any lease of stone quarry.

On such allegation, a case was registered not only under Sections 399/411 of the Indian Penal Code but also under Section 21 of the Mines and Minerals (Development and Regulation) Act as well as Section 54 of the Jharkhand Minor Minerals Concessions Rules and at the same time, it has been alleged that under Section 14 of the Air (Prevention and Control of Pollution) Act, the prosecution cannot be maintained for all those offences except for the offence under the Air (Prevention and Control of Pollution) Act, 1981.

Further it was submitted that even the petitioner cannot be prosecuted for an offence under Section 42 of the Air (Prevention and Control of Pollution) Act as before lodging the case, the authority is required to give notice calling upon the person to stop the work.

Admittedly, no such notice had ever been issued to the petitioner and thereby the order taking cognizance is bad.

As prayed for on behalf of the State, let this matter be listed on 24.3.2014 so that instruction be taken and counter affidavit be filed.

Let a copy of this order be handed over to learned counsel appearing for the State for needful.

( R. R. Prasad, J.) ND/