..^ if '?? S.-^"f& s ^SSssSS^ 1; •<«(„»-" ^j HIGH COURT OF CHHATTISGARH AT BILASPUR CR.M.P. N0. 137/2007 1. 2, 3. 4. Versus 1. 2. 3. I- •• 'l 4. :4- < Raja Nathani, aged 47 years, Son of Shri M.L.Nathani, resident of Jail Road, Raipur (CG) Gopal Das Gupta, aged 47 years, Son of Shri Ghanshyam Das Gupt6a, r/o. Chandrawarkar Roa Boriwali (West) Mumbai Gautam Jain, aged 37 years, son of shri Jethmalani Jain, resident of Evershine Nagar, Malad, (West) Mumbai Ashok Maru, aged 48 years, son of Shri Velji Maru, Resident of Shukla Compound, Jogeshwaj-i (West) Mumbai All Directors ofM/s. Ghankun Steels Private Limited havings its registered office at .22, Rabindra Sarini, First Floor F-2, E, Kolkata-700073, Police Station Dharsiwa, Distt. Raipur (CG) Chhattisgarh Environment Conservation Board, Raipur (CG) Through Regional Officer Chhattisgarh Environment Consen.'ation Board, Regional Office, New hig 9 ,10 & 11, Tatibandh Raipur District Raipur (CG) The State of Chhattisgai-h through the Principal Secretary, Department of Housing aiid Environment, DKS bhawan, Mantralaya, G.E. Road, Raipur (CG) M/s. Ghankun Steels Private Limited havings its registerest office at 22, Rabindra Sarini, First Floor F-2, E, Kolkata, 700073, and Works at Gram Sondra Poiice Station Dharsiwa, Distt. Raipur Chief Engineer, (Raipur RegionjChhattisgarh State Electricity Board, Police Station Gudiyari distt. Raipur (C.GJ .c. Ui ^i "\ '\^' l'<isiaBns&- ilr '\ :Hoa'ble Shri T.P.Sharma, J.j Present: Shri Md. Asif, counsel for the petitioner. Shri Sudhir Bajpai, Advocate with Shri Vimlesh Bajpai, caaunsel for respondent No.l. Shri U.K.S.Chandel, Panel Lawyer forthe State/respondent No.2. Shri S.K.Tiwari, counsel for respondent No.3. isia (Passed on 7th March 2008) This petition is directed against the orders dated 30.12.2004, 17.3.2005 and 11.5.2005 passed by th'e leamed Chief Judicial Magistrate, Raipur purporting to take cognizance of the offences under Sections 37 and 40 of the Air (Prevention and Control of Pollution) Act, 1981 read ?.7ith Section 34 of the IPC against the petitioners. 2. The instant petition is filed for quashment of complaint case No. 1784/2005 pending before the Chief Judicial Magistrate, Raipur for the offence punishable under Section 37 and 40 of the Air (Prevention and Control of Pollutionj Act, 1981 read with Section 34 of the IPC. 3. During the course of argument, it is submitted on behalf ol the pai-ties that in the Ught of order dated 7al August 2007 passrid by this Court in Cr.M.P. No. 176/2006, the complaint pending before the trial Court is not competent and liberty be extended to the respondent No. 1 to file fresh complaint. 4. In the light of the order dated 7th August 2007 passed by this Court in Cr.M.P. No. 176/2006, vAich is of similar nature, the complaint and proceeding pending before the Chief Judicial Magistrate, Raipur deserves to be quashed and is hereby quashed. However, it shall be open to the respondent Board to file fresh complaint, disclosing all necessary particulars, which may fasten the. criminal liability against them, if they so desire. SdA ^SAarma