Subhas Chandra Pradhan vs The State Of Jharkhand
2022 Latest Caselaw 3640 Jhar

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            IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2631 of 2022

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Subhas Chandra Pradhan, aged about 54 years, son of late Ramesh Chandra Pradhan, Mines Manager (The then), M/s Rungta Mines Limited (Lessee), presently working as General Manager (Mining), and permanent resident of Qr. No.301B, Mahaveer Classic Apartment, Prakruti Vihar, Unit 19, Bhubaneshwar, Bhubaneshwar (M.C.), P.O. Bhubaneshwar, P.S. Khorda, District Khorda, Odisha and presently residing at Rungta Camp. Village Sanindpur, P.O. Koira, P.S.Koira, District Sundergarh ..... Petitioner

-- Versus --

1.The State of Jharkhand.

2.Regional Officer, Jharkhand State Pollution Control Board, having its Regional Office at MB/15, New Housing Colony, AIA, Jamshedpur and Head Office at Township Administration, HEC Complex, P.O.Dhurwa, P.S. Jagganathpur, District -Ranchi, Jharkhand ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Indrajit Sinha, Advocate For the State :- Mr. Ravi Prakash Mishra, Advocate

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2/12.09.2022 This petition has been filed for quashing the order dated

12.05.2022 passed by the learned Chief Judicial Magistrate, Chaibasa in

C/7 Case No.13 of 2015 whereby the learned court was pleased to reject

the petition preferred by the petitioner under section 205 Cr.P.C pending

in the court of learned Chief Judicial Magistrate, Chaibasa.

Learned counsel for the petitioner submits that the case is

arising out of Environmental Protection Act and the complaint is the basis

of this case. He submits that a petition under section 205 Cr.P.C has been

preferred by the petitioner which has been rejected for non-prosecution.

He submits that for certain non-compliance of the provision of

Environmental Protection Act the complaint has been filed by the

Jharkhand State Pollution Control Board and the petitioner has filed a

petition under section 205 Cr.P.C. The case is complaint in nature. The

learned counsel submits that the petitioner will not hide his identity and

is ready to give undertaking before the learned court that as and when

the requirement is there upon call by the learned concerned court, he will

appear.

Learned counsel for the respondent State submits that the

petitioner has not appeared.

In view of the above submission of the learned counsel for

the petitioner and considering that in appropriate case the section 205

Cr.P.C petition can be allowed on giving undertaking by the petitioner that

he will not hide its identity and as and when there is call by the learned

court, he will appear in the concerned court. This aspect of the matter

has been considered by the Hon'ble Supreme Court in the case of

Bhaskar Industries Ltd. V. Bhiwani Denim and Apparels Ltd. And

Others, (2001) 7 SCC 401 and in Puneet Dalmia v. Central Bureau

of Investigation, Hyderabad, (2020) 12 SCC 695.

In that view of the matter, and considering the aforesaid

two judgments of the Hon'ble Supreme Court, the impugned order dated

12.05.2022 passed by the learned Chief Judicial Magistrate, Chaibasa in

C/7 Case No.13 of 2015 pending in the court of learned Chief Judicial

Magistrate, Chaibasa is set aside.

The matter is remitted back to the concerned court.

The petitioner is directed to file further petition under

section 205 Cr.P.C which will be considered by the learned court in

accordance with law as well as in view of the aforesaid two judgments.

Cr.M.P. No.2631 of 2022 stands disposed of.

I.A. if any also stands disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/