IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7672 of 2006 BIMAL KHETAN, Son of Late Gauri Shankar Khetan, resident of Chowk, P.S. – Chowk, District – Patna. ….. Petitioner. Versus 1. THE STATE OF BIHAR 2. TOTA SAHNI, Son of late Rooplal Sahni, resident of village – Vakhash Machhua Toli, P.S. Malsalami, District – Patna. … Opp. Parties. For the petitioner : - Sri N.K. Agarwal, Senior Advocate For the O.P. : - Sri Jharkhandi Upadhayay, APP ----------- 7. 21.04.2009 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned APP for the State. O.P. No. 2 Tota Sahni filed a Complaint Case No. 560 of 1999 before the Court of Additional Chief Judicial Magistrate, Patna City alleging therein that the petitioner’s company, namely, Bombay Food Products has committed several offence under the IPC by releasing water from the factor, which was polluted to the extent that when it ended in the pond of the petitioner large amount of his fish died, which has caused loss to the extent of Rs.1,00,000/-. The court directed the police to investigate the matter and thereafter a charge sheet came to be filed and cognizance taken under Sections 427, 428 and 429 of the IPC. The petitioner thereafter filed a petition for discharge under Section 239 of the Cr.P.C. before the court of learned Judicial Magistrate, Ist Class, Patna City, but the same was rejected and so was the revision on challenge in Criminal Revision No. 726 of 2005. It is in this background that the petitioner has filed this application seeking quashing of the aforesaid orders. The submission of learned Senior counsel on behalf of the petitioner is that it is a false and concocted case, which has been - 2 - brought to put pressure upon him by the complainant for oblique and extraneous consideration. He submits that the factory is manufacturing biscuits after obtaining all the licenses including from the Pollution Control Board and no act of the kind alleged was every committed. In fact, the Pollution Control Board has certified and imposed conditions with regard to air pollution as there is no violation or requirement of water as there is no discharge. No certificate has been granted by the Pollution Control Board under the said head. Further it is also urged that no chemical of any kind is used in the process of manufacture of biscuit, which can be said to be poisonous and can cause an endanger life of any kind, including fish as per averment in the complaint. It is also categorically stated that the police filed a charge sheet against the petitioner without any test having been carried out with regard to the quantity of water discharged if any, after manufacture of biscuit. It is urged that despite the above facts and without application of judicial mind cognizance has been taken and thereafter petition for discharge has been rejected in a mechanical manner. Learned APP for the State submits that on the basis of the investigation and the evidence which has been furnished by the eye witnesses the police submitted charge sheet. But he too has failed to point out whether any kind of scientific investigation was carried out with regard to the polluted water or any scientific test has been done in this case. Notices had been validly served on O.P. No. 2, but he has chosen not to appear and oppose the present application. That by itself - 3 - casts little doubt on the seriousness of the allegation made as well as his desire in defending the case, which has been brought by the petitioner in the above stated background. In the totality of the situation and the reasons above, the order dated 5.9.2005 passed by the learned Judicial Magistrate, Ist Class, Patna City rejecting the petition for discharge as well as the revisional order dated 14.11.2005 stands quashed. This application is, accordingly, allowed. DKS/ (Ajay Kumar Tripathi, J.)