1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.343/2009 [Rajesh Vishwamitra Dua .vrs. State of Maharashtra and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATE : JULY 26, 2010. Heard Mr. S. Zia Qazi, learned counsel for the petitioner, Mr. S.J. Jichkar, learned APP for respondent no.1/State, Mr. S.S. Sanyal, learned counsel for respondent nos.2 and 7 and Mr. Sunil V. Manohar, learned counsel for respondent nos.3 to 6. This petition has been filed by the petitioner seeking direction against respondent nos.2 and 7 to file appropriate criminal proceeding against respondent nos.3 to 6 for violations under the Water (Prevention and Control of Pollution) Act, 1974. Perusal of the petition discloses that by communication dated 25.12.2007 the petitioner has made a complaint to respondent nos.2 and 7 to take 2 appropriate action against respondent nos.3 to 6. Mr. Sanyal, learned counsel for respondent nos.2 and 7, invited our attention to Section 49 of the said Act, which permits filing of a complaint by a person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid. Mr. Qazi, learned counsel for the petitioner states that he will give notice in terms of Section 49 (1)(b) of the Act, within a period of one week from today and in case the Board does not take any action pursuant to said notice, the petitioner may be granted liberty to file complaint under Section 49 (1)(b) of the Act. Mr. Qazi seeks leave to withdraw the petition. In view of the statement made by the respondents, the petitioner is permitted to withdraw the petition with liberty to give notice in terms of section 49 (1)(b) to the Board, within a period of one week. In case the petitioner choses to give notice in terms of Section 49 (1)(b) of the Act, needless to mention that the Board shall take appropriate action 3 in accordance with the law. The learned counsel for the petitioner states that respondent nos.2 and 7 may be directed to give copies of the relevant documents to the petitioner so as to enable him to file complaint in view of Section 49 (2) of the Act. We are not inclined to accept such request since Section 49 (2) of the Act stipulates that only after filing of the complaint, the complainant is entitled to relevant report in possession of the Board. It is made clear that we have not expressed any opinion on merit of the case and all the issues are kept open. The petition stands disposed of as withdrawn with liberty as sought for. JUDGE JUDGE Gulande