1. The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants-original accused to quash and set aside the impugned Complaint, being Criminal Case No. 1812/1986 pending in the Court of learned Judicial Magistrate First Class, Ankleshwar filed by respondent no. 2-original complainant – Gujarat Pollution Control Board, Gandhinagar for the offences punishable under Sections 25, 26 read with Section 44 of the Water (Prevention of Control of Pollution) Act, 1974.
2. Shri Paresh Dave, learned advocate appearing on behalf of the applicants has stated at the bar that so far as the applicants nos. 1 and 2 are concerned they have expired. Under the circumstances, the present Criminal Miscellaneous Application is dismissed has having been abated so far as applicants nos. 1 and 2 are concerned.
3. Now so far as applicants nos. 3 to 5 -original accused nos. 6, 7 and 8 are concerned, it is submitted by Shri Dave, learned advocate appearing on behalf of the remaining applicants that at the relevant time this Court admitted the present application considering the decision of the learned Single Judge in the case of M/S. Nicosulf Industries & Exports Pvt. Ltd. & Anr Vs. State of Gujarat & Anr. reported in 2002 (2) GLH 1580. Shri Paresh Dave, learned advocate appearing on behalf of the applicants has fairly conceded that the decision of the learned Single Judge in the case of M/S. Nicosulf Industries & Exports Pvt. Ltd. & Anr (Supra) was carried to the Hon'ble Supreme Court and the Hon'ble Supreme in the case of Gujarat Pollution Control Board Vs. Nicosulf Industries & Exports Pvt. Ltd. & Anr. reported in 2009 (2) SCC 171 has upheld the contention on behalf of the Gujarat Pollution Control Board and has not accepted the decision of this Court in the case of M/S. Nicosulf Industries & Exports Pvt. Ltd. & Anr (Supra) so far as the Complaint filed by the Officer of the Board under the authority of the Chairman and, therefore, it is fairly conceded that the ground on which the Criminal Miscellaneous Application was admitted will not survive. So far as other submissions pointed out in the application are all the defenses of the applicants, which are required to be considered at the time of trial and, therefore, it is requested to make suitable observation that whatever defenses,which may be available to them, under the law are kept open, which be considered at the time of trial.
4. In view of the subsequent decision of the Hon'ble Supreme Court reported in Gujarat Pollution Control Board (Supra), the present application deserves to be dismissed, so far as the contention on behalf of the applicants with respect to the authorization of the complainant who has filed the Complaint, and is accordingly dismissed. However, it is observed that whatever other defenses, which might be available to the applicants, available under the law are kept open, which be considered by the learned Magistrate in accordance with law and on its own merits at the time of trial (except the question of authorization of the complainant who has file the Complaint). Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji