M/S. Golchha Chemicals vs Chhattisgarh Pollution Control ...
2021 Latest Caselaw 3666 Chatt

                                          1

                                                                           NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR
                             Writ Appeal No. 439 of 2021


       M/s Golchha Chemicals through its proprietor Shri Prakash Golchha,
       S/o Late Shri Kewal Chand Golchha, aged about 67 years, Address 64,
       Light Industrial Area, Bhilai, R/o 19/2, Nehur Nagar West, Bhilai, Tehsil
       and District Durg (C.G.)

                                                                    ---- Appellant

                                       Versus

       Chhattisgarh Pollution Control Board (earlier Madhya Pradesh Pollution
       Control Board) through Regional Officer, Office-5/32 Bangla, Bhilai,
       Tehsil and District Durg (C.G.)

                                                                  ---- Respondent

(Cause-title taken from Case Information System)

For Appellant : Ms. Aditi Singhvi, Advocate.

For Respondent : Mr. Animesh Tiwari, Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Justice N.K. Chandravanshi, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

13.12.2021

Heard Ms. Aditi Singhvi, learned counsel for the appellant. Also heard

Mr. Animesh Tiwari, learned counsel appearing for the respondent.

2. This writ appeal is presented against an order dated 29.10.2021 passed

by the learned Single Judge in Writ Petition (Cr.) No. 704 of 2021, dismissing

the writ petition.

3. In a complaint case filed against the appellant by Chief Chemist and

Regional Officer in the year 1987 before the Court of Chief Judicial Magistrate,

Durg, under the provisions of Water (Prevention and Control of Pollution) Act,

1974, the appellant was convicted by an order dated 11.05.2000 which was

affirmed in appeal by an order passed on 10.04.2001 by 5 th Additional Sessions

Judge, Durg. In Criminal Revision No. 149 of 2001, this Court, by an order

dated 24.08.2012, remanded back the matter to the learned trial Court to

consider the case afresh.

4. Once again, the appellant was convicted by an order dated 14.05.2018

and presently, an appeal being Criminal Appeal No. 98 of 2018 is pending

consideration before the 8th Additional Sessions Judge, Durg.

5. While the matter stands at that stage, the petitioner instituted the writ

petition to set aside and quash the proceedings in Criminal Appeal No. 98 of

2018 and also to quash the judgment dated 14.05.2018 passed by the Judicial

Magistrate First Class, Durg in Criminal Complaint Case No. 2323 of 1987 on

the ground that the complainant who had filed the complaint, was not

authorized to file the complaint.

6. Taking note of the grievance raised, the learned Single Judge dismissed

the writ petition opining that as the appeal is pending, the petitioner is entitled

to raise all grounds available in law in the appeal.

7. We are in the complete agreement with the view taken by the learned

Single Judge and therefore, this appeal is dismissed. No cost.

                               Sd/-                                         Sd/-
                       (Arup Kumar Goswami)                        (N.K. Chandravanshi)
                           Chief Justice                                  Judge




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