|M»" 3. Luv Kedia, aged 27 years, Son of Shri Ramesh Chandra Kedia, resident of -1, Sahakari Marg, Choubey~-Colony, Raipur (CGi 'Kamal Kedia, aged 47 years, Son of Shri Abir Chand Kedia, Resident of 1, Sahakari Marg, Choubey Coiony, Raipur (CG) .Ashok Lohia, aged 48 years, Son of Late Shri Sanwarmal Lohia, Resident of B. 4th Floor Crown Ashoka Park, Shai-ikar Nagar, Raipur (CG) All Directors of Shivalaya Ispat and power Private Limited havins its registered office at near Prajapita Bramha Kumari Ashrams, Choubey Colony, Raipur (CG) and Works at Village Kara, Guma Urla Road, Distt. Raipur (CG) Pramod Kedia, aged 47 years, Son of Shri Abir Chand Kedia, resident of Shiv Palace, Baloda Bazar, Distt. Raipur, (CO) Ex Director, M/s. Shivalaya Ispat and Power Pvt. Limited, Versus 1. Chhattisgarh Environment Conservation Board, Raipur (CG) Through Regional Officer Chhattisgarh Environment Conservation Board, Regional Office, New hig 9 ,10 8s 11, Tatibandh Raipur District Raipur (CG) 2. The State of Chhattisgarh through the Principal Secretar}r, Department of Housing and Environmeat, DKS bhawan, Mantralaya, G.E. Road, Raipur (CG) 3. Shivalaya Ispat and Power Pvt. Limited, Having its registered office at Near Prajapita Braraha Kumari Ashram, Raipur (CG) and Works .at Village Kara Guma Urla Road, Distt. Raipur (CG) PSTITION UNDER SECTION 482 QF THE CR.P.C. $SB :Hoa'ble Slu-i T.P.Sharma, J.) "^^.-i-^-Present: Shri McL Asif, counsel for the. petitioner. ^-M EKil Shri Sudhir Bajpai, Advocate with Shri Vimlesh Bajpai, counsel for respondent No.l. Shri U.K.S.Chandel, Panel Lawyer for the State/respondent No.2. Shri S.K.Tiwari, counsel for respondent No.3. gg^- •iijgiina (Passed on 7th March 2008) This petition is directed against the orders dated 26.4.2005, 5.7.2005, 22.8.2005, and 19.1.2006 passed by the learned Chief Judicial Magistrate, Raipur purporting to take cognizance of the offences under Sections 37 and 40 of the Air (Prevention and Contfol of Pollution) Act, 1981 read with Section 34 of the IPC against the petitioners. l', ' *•- ti 2. The instant petition is filed for quashment of complaint case No. 768/2005 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 ofthe IPC. 3. During the course of argument, it is submitted on behalf of the parties that in the light of order dated 7^ August 2007 passed 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 Ught of the order dated 7th August 2007 passed by this Court in Cr.M.P. No. 176/2006, which 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 necessaiy particulars, which may fasten the criminal liability against thena, if they so desire.' Sd/- T.P. Shaignia Judge