IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.6785 of 2017
                    Arising Out of PS.Case No. -1 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. District-
                                                           SITAMARHI
                   ======================================================
                   Om Prakash Dhanuka son of Late Purshottam Lal Dhanuka Chairman cum
                   Managing Director, Riga Sugar Company Ltd. (Distillery Division),
                   resident of Dhanuka Gram, P.O. & P.S. - Riga, District - Sitamarhi.

                                                                                 .... ....   Petitioner/s
                                                         Versus
                   1. The State of Bihar.
                   2. The Bihar State Pollution Control Board through Suresh Prasad Roy,
                      Assistant Environmental Engineer, Patliputra Industrial Area, N.S. B -
                      2, District - Patna.

                                                                    .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :   Mr. Y.V. Giri, Sr. Advocate
                                                Mr. Ashish Giri, Advocate
                   For the Opposite Party/s   : Mr. J.N. Thakur, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                   SINGH
                   ORAL ORDER

02/ 19-05-2017 The present application has been filed for quashing the order dated 19.11.2016 passed by learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. 01 of 2016, whereby process has been directed to be issued after cognizance being taken for the offences punishable under Sections 43 and 44 of the Water (Prevention & Control of Pollution) Act, 1974.

It is submitted by learned Senior Counsel for the petitioner that the complaint has been filed by an unauthorized person as Section 49(1)(a) of the Act clearly mandates that no court shall taken cognizance of an offence under the Act except on Patna High Court Cr.Misc. No.6785 of 2017 (2) dt.19-05-2017 2/2 a complaint made by the Board or any officer authorized in this behalf by the Board whereas in the present case the Board authorized Chairman to file complaint but the Chairman delegated the authorized power in favour of the complainant-opposite party no. 2, Assistant Environment Engineer which is in derogation to the provisions under Section 49(1)(a) of the Act. It is further submitted that accusations do not constitute any offence.

Mr. J. N. Thakur, learned counsel for the State prays for adjournment to file counter affidavit. It is also expected form the counsel for Pollution Board to file counter affidavit.

Put up this matter on 17th of July, 2017.

In the meantime, further proceedings of Complaint Case No. 01 of 2016 pending in the court of learned Chief Judicial Magistrate, Sitamarhi with regard to the petitioner shall remain stayed.

(Dinesh Kumar Singh, J) DKS/-

U           T