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Judgment
G.P. Mathur, J.—This petition u/s 482, Code of Criminal Procedure has been filed for quashing the summoning order dated 3.4.1986 passed by the C. J. M., Mathura and also the order dated 15.10.1086 passed by the 3rd Addl. Sessions Judge, Mathura by which the Revision against the aforesaid order was dismissed.
Krishna Murari Sharma and Ravindra Nath Chaturvedi Respondent Nos. 1 and 2 filed a Criminal Complaint against the applicants for their prosecution u/s 268, 278 and 290, I.P.C. Learned Magistrate after recording statement of Krishna Murari Sharma u/s 200, Code of Criminal Procedure passed the impugned order dated 3.4.1986 summoning the applicants to face trial.
The allegations in the complaint, in brief, are that an Industrial area was established by the U.P. State Industrial Development Corporation Ltd. at Mathura. It was the responsibility of the Corporation to make proper arrangements of road and drainage in the industrial area. But the same was not done. A site which was earmarked for a park near the Police out-post was made into a pond. A number of Saree Printing Units are functioning in the area. The dirty water flowing out of the industrial units as well as the rainy water gets accumulated in the pond and it is causing a lot of nuisance. On account of accumulation of dirty water, it has given rise to mosquitoes and foul smell causing health hazard to the persons working in the industrial units in the locality. The colored water flowing out of the Saree Printing Units has affected the underground water as well and as a consequence thereof, the water being pumped by hand pump has also got polluted. Due to these reasons, the workers of the industrial units have been affected by diseases. The complainant Krishna Murari Sharma in his statement u/s 200, Code of Criminal Procedure corroborated the version set out in the complaint and stated that the coloured and dirty water of Saree Printing Units is getting accumulated in the area which was ear-marked as a Park and it is causing health hazards.
Notice in this petition was issued to the Respondents by the order dated 1.12.1986 and the Respondents put in appearance in this Court on 27.2.1987. However, no counter-affidavit has been filed to controvert the allegations made in the petition. I have heard Sri G. S. Hajela, learned Counsel for the applicants at considerable length and have examined the record.
A perusal of the complaint as well as the statement of the complainant u/s 200 Code of Criminal Procedure would show that the main person responsible for flowing colored and dirty water are the owners of Saree Printing Units. The polluted water flows out of the Saree Printing Units and gets accumulated in a low lying area which had been earmarked for the purpose of a Park. The accused-applicants are officers and employees of the U.P. Industrial Development Corporation Ltd. and there is no allegation that they are in any manner responsible for discharging colored and polluted water. There is only a general allegation that the Officers of the Corporation did not discharge their duty for making proper arrangements of drainage while developing the industrial site. The complaint has been filed Under Sections 268, 278 and 290, I.P.C. Section 268, I.P.C. Provides that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury to the public. Section 278. I.P.C. provides that whoever voluntarily vitiates the atmosphere so as to make it noxious to the health of the persons in the neighborhood are liable to be punished. Section 290, I.P.C. makes a general provision to the effect that whoever commits a public nuisance is liable to be punished. The allegations in the complaint do not show that any such specific act was done by the applicants which may make them liable under the aforesaid provisions of the Penal Code. There may be some administrative lapse on their part but that by itself cannot amount to a criminal offence. The real offenders appear to be the owners of Saree Printing Units who are discharging colored and dirty water.
There is Anr. aspect of the case which deserves notice. The complaint was filed in March, 1986 imp leading U.P. State Industrial Development Corporation Ltd., Managing Director, Regional Manager, Executive Engineer and Mukhya Pariyojna Adhikari of the Corporation as accused. No one has been imp leaded by name. It is not clear as to when the industrial area was established and who was responsible for construction of roads and drainage system at the relevant time. If the prosecution is allowed to proceed now, the Officers who are now holding the office or the posts as mentioned in the complaint will have to face prosecution. Obviously during this long period, the concerned Officers must have been transferred. The complaint, therefore, suffers from this technical defect as it has not been filed against named persons but has been filed against the Officers of the Corporation.
It is stated in para 10 of the affidavit that the U.P. Industrial Development Corporation (applicant No. 1) has filed a case u/s 133, code of Criminal Procedure against 37 Saree Printing Units who were discharging colored and polluted water. Therefore, the Corporation has also taken steps to prevent the health hazard created by the manufacturing units.
Having given careful consideration to the whole matter, I am of the opinion that no criminal offence is made out against the Petitioners-applicants. The application is accordingly allowed and the Criminal Complaint filed against the applicants as well as the summoning order dated 3.4.1986 passed by the C.J.M., Mathura in Complaint Case No. 1839 of 1986 is hereby quashed.