M/S. Chaitanya Agro Biotech ... vs Mr. Shantaram S/O. Sampat Kale And ...
2018 Latest Caselaw 380 Bom

                                          1                                      APL477.17.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               : NAGPUR BENCH : NAGPUR.


          CRIMINAL APPLICATION (APL) NO. 477 OF 2017


 APPLICANT                : M/s Chaitanya Agro Biotech Co. Pvt. Ltd.,
                            through its Director Mr. Prasanna S/o Ashok 
                            Deshpande, Aged about 33 years, 
                            Occupation : Business, R/o 33, having its office
                            at Laminagar, Malkapur.

                                              VERSUS

  RESPONDENTS    : 1] Mr. Shantaram S/o  Sampat Kale,
                      Aged  major, Occupation : Private Driver,
                      R/o Nandura Road, Malkapur, Dist. Buldana

                              2] Maharashtra Pollution Control Board,
                                 through its Regional Officer, having its 
                                 Regional Officer, having its Office at
                                 Sahakar Surbhi, near Ahilya Marriage Hall,
                                 Amravati.

                             3] Directorate of Industrial Security and Safety,
                                through its Director, having its office at
                                Akola.

                             4] Sub Divisional Magistrate, Malkapur.

  ----------------------------------------------------------------------------------------------
            Mr. R. R. Vyas, Advocate for the applicant.
            Mr. Mahesh Rai, Advocate for non-applicant no.1
            Mr. S.S. Sanyal, Advocate for non-applicant no.2
            Mr. N. R. Rode, A.P.P. for non-applicant nos.3 and 4
  ----------------------------------------------------------------------------------------------

                      CORAM : V. M. DESHPANDE, J.

                      DATE     : JANUARY 12, 2018.





                                     2                                  APL477.17.odt


 ORAL JUDGMENT

Rule. Rule is made returnable forthwith. Heard finally

by consent of the parties.

2. Heard Shri R.R. Vyas, the learned counsel for the

applicant, Shri Mahesh Rai, the learned counsel for non-applicant

no.1, Shri S.S. Sanyal, the learned counsel for non-applicant no.2

and Shri N.R. Rode, the learned Additional Public Prosecutor for

non-applicant no.3 - Director of Industrial Security and Safety and

non-applicant no.4 - Sub-Divisional Magistrate, Malkapur.

3. By the present criminal application, the applicant prays

for setting aside the order dated 13.06.2017 passed in Criminal

Proceeding No. 2/2017 by non-applicant no.4 - Sub Divisional

Magistrate, Malkapur.

4. At the time of issuance of notice in the matter on

20.7.2017, the learned counsel for the applicant invited attention of

this Court in respect of the roznamas dated 05.5.2017, 06.5.2017

and 13.6.2017. It is observed in the order dated 20.7.2017, while

3 APL477.17.odt

issuing notice, that the order sheet dated 05.5.2017 shows that after

receipt of the report from medical officer and after receipt of various

documents and after filing of the documents, next date was fixed on

06.5.2017. On the said date, the Sub Divisional Magistrate was busy

in two programmes of Hon'ble Chief Minister. On 13.6.2017, the

impugned order is passed. It was observed while issuing notice and

while granting interim relief in favour of the applicant that

opportunity of personal hearing was not granted in favour of the

applicant.

5. In pursuance to the notice issued by this Court, the non-

applicant no.4 - Sub Divisional Magistrate filed his affidavit dated

08.8.2017. In paragraph 4 of the affidavit, the Sub Divisional

Magistrate has stated that opportunity of hearing was not given to

the applicant and therefore, it is stated on oath that the Sub

Divisional Magistrate is ready to give the opportunity of hearing to

the applicant and will pass the order afresh in accordance with law.

6. In view of the aforesaid affidavit, it is crystal clear that

the impugned order was passed by the respondent no.4 authority on

4 APL477.17.odt

13.6.2017 without giving opportunity of hearing to the applicant.

Thus, it is in breach of principles of natural justice. Therefore, the

impugned order dated 13.6.2017 is required to be quashed and set

aside.

7. In the result, the impugned order dated 13.6.2017

passed in Criminal Proceeding No. 2/2017 by non-applicant no.4 -

Sub Divisional Magistrate, Malkapur is hereby quashed and set aside.

The applicant is hereby directed to appear before the

Sub Divisional Magistrate, Malkapur on 24.01.2018 at 11.00 O'clock

so also Mr. Rai, the learned counsel submits that the non-applicant

no.1 will also appear before the Sub Divisional Magistrate.

Needless to state that the officer from respondent no.3 -

Directorate of Industrial Security and Safety at Akola should also

remain present before the Sub Divisional Magistrate, Malkapur.

The Sub Divisional Magistrate, Malkapur thereafter shall

decide the Criminal Proceeding No.2/2017 within a period of four

weeks from appearance of the parties, after giving opportunity of

personal hearing to each of the parties in Criminal Proceeding No.

2/2017.

5 APL477.17.odt

8. With this, the criminal application is allowed and

disposed of. Rule is made absolute accordingly. No costs.

JUDGE

Diwale