any other law are to be investigated, inquired into, tried or otherwise dealt with according to the Code of Criminal Procedure, subject to the provision contained in Special Law regulating the manner or the place of investigation or inquiring into, tried or otherwise dealing with such offences.

Here, as I have stated hereinabove that the provision of Section 43 of the Air (Prevention and Control of Pollution) Act, 1981, does stipulate that no cognizance of any offence under the Act, can be taken, except on a complaint made by the officer as mentioned in sub-section -a & b of Section 43 of the Air (Prevention and Control of Pollution) Act, 1981. The order taking cognizance is quite bad as the cognizance has been taken not upon the complaint but on the charge sheet.

Accordingly, order taking cognizance dated 09.03.2007 passed by the then learned Judicial Magistrate, 1st Class, Chaibasa in Nowamundi P.S. Case No.46 of 2006, corresponding to G.R. No.494 of 2006 is hereby, set aside so far this petitioner is concerned.

In the result, this application is allowed.

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