IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.MC.No. 631 of 2009() --------------------------------- CC.2206/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED 2 & 3 ----------------------- 1. ARIVAZHAKAN.C., S/O.CHINNAPPAN, THIRUVASALADI STREET, KANAKARUPPATU ECHAVARAM PO., KADALLOOR, CHIDAMBARAM TALUK, TAMILNADU. 2. ANAND, S/O.RAMANUJAM, SREEKOVIL STREET STIMMUSHNAM, KATTUMANNAR TALUK KARALLOOR DISTRICT, TAMILNADU. BY ADV. MR.DILIP J. AKKARA RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 631 OF 2009 --------------------------------- Dated this the 18th day of February, 2009 O R D E R This application is filed to quash all proceedings relating to C.C. 2206/2007 of the Judicial First Class Magistrate Court, Irinjalakuda. The police has filed a charge sheet against the accused and another person under Section 269, 278 IPC and Section 24(1) r/w. 43 of the Water Prevention and Control of Pollution Act 1974. The allegations against the accused are that they had carried the human waste in a tanker and had attempted to flow it in a residential locality which would give rise to infectious diseases and therefore had committed the above said offences. The learned counsel would contend that at any rate an action under Section 24(1) of the Water Prevention and Control of Pollution Act will not be maintainable. But whatever it may be, on the basis of the allegation an action may lie under Section 269 and 278 of the IPC and other is a technical question that requires consideration. The matter requires consideration at the hands of the court below at appropriate stage and therefore if it is being Crl.M.C. 631/2009 -2- tried as a warrant trial where charge has to be framed, it may be done at that stage otherwise let it be considered after the trial and at the time of final hearing. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm