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Judgment
JASJIT SINGH BEDI, J. (Oral)
The prayer in the present petition under Section 528 BNSS, 2023 is for quashing of order dated 31.10.2019 passed by the Chief Judicial Magistrate, Ludhiana in COMA-7925-2015 dated 05.10.2013 under Sections 41, 43 and 44 read with Section 47 of the Prevention and Control of Pollution Act, 1974 titled as 'Punjab Pollution Control Board vs. M/s Damini Resorts and others' whereby the petitioner has been declared as "absconder".
On 12.11.2025, the following order was passed:-
" The prayer in the present petition under Section 528 BNSS is for quashing of the order dated 31.10.2019 (Annexure P-13) passed by the Chief Judicial Magistrate, Ludhiana in COMA-7925-2015 dated 05.10.2013 under Sections 41, 43 and 44 read with Section 47 of the Prevention and Control of Pollution Act, 1974 titled as 'Punjab Pollution Control Board vs. M/s Damini Resorts and others' where by the petitioner has been declared as an 'absconder'.
The learned Senior counsel for the petitioner contends that the order dated 30.07.2019 (Annexure P-7) would reveal that non-bailable Lave warrants had been issued to the accused which were received back with the report that no such firm is existing at the spot. The complainant, who is a public servant, however, reiterated the fact that the accused firm was existing at the same spot as is apparent from the order dated 26.08.2019 (Annexure P-8). In fact, in the records of the ROC, the address of the accused firm is SCO 1, Basant Avenue, Dugri Road, Ludhiana as against the address mentioned in the complaint which is Project Basant Avenue Extension II-A, Adjoining Urban Estate, Phase-II, Dugri Road) Village Dhandara, Dugri Road, Ludhiana. He further contends that the petitioner became aware of the instant proceedings when his brother was arrested in the another case and it was brought to the notice of the Court in that case that the brother of the petitioner and the petitioner were proclaimed persons in the present case.
Notice of motion for 17.12.2025.
In the meanwhile, subject to the deposit of Rs.25,000/- by the petitioner as costs with the Punjab State Legal Services Authority-Disaster Relief Fund, Account No.44426937384, IFSC Code: SBIN0014656, State Bank of India, Sector 68, SAS Nagar, the operation of the impugned order dated 31.10.2019 (Annexure P-13) shall remain stayed. The petitioner is at liberty to seek the concession of bail in accordance with law.
To be heard with CRM-M-63068-2025"
In deference to the aforementioned order, the petitioner has surrendered before the Trial Court and has been granted the concession of interim bail vide order dated 26.11.2025 passed by the Chief Judicial Magistrate, Ludhiana. A copy of the said order is taken on record and marked as Mark 'A'.
In view of the above, the impugned order dated 31.10.2019 passed by the Chief Judicial Magistrate, Ludhiana is hereby quashed.
It is expected that the petitioner shall not absent himself from the Trial without sufficient cause.
Disposed of.