The present petition has been filed under Section 482 of the Criminal Procedure Code and under Articles 14, 226 & 227 of the Constitution of India for quashing the FIR.
Heard learned Sr. Advocate, Mr.P.M. Thakkar appearing with learned counsel, Mr.S.N. Sinha for the petitioners, learned APP Mr.H.L. Jani for the respondent no.1-State and learned counsel, Mr.Vaibhav Vyas for the respondent no.2.
In view of the contentions raised referring to Section 16 of the Environment (Protection) Act raising contentions about the liability of the Director and also considering the order passed by this Court (Coram : Akil Kureshi, J.) in Criminal Misc. Application No.14138/2009 dated 04.02.2012, the matter requires consideration. Further, as contended by learned Sr. Advocate, Mr.Thakkar referring to various aspects that the clearance has been obtained and this contention is without prejudice to other contentions, for which, he has referred to the complaint as well as Annexure-B, which is a communication dated 29.08.2009 as well as letter filed by State Level Expert Appraisal Committee Gujarat State dated 18th August, 2011, the matter requires consideration.
Hence, following order :-
Rule returnable in the last week of September, 2012.
Interim relief in terms of Para No.8(B) till final hearing and disposal of this petition.
(RAJESH H.SHUKLA, J.) /patil Top