SUKHNA PAPER MILLS LTD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Misc. No. 5552-M and 5549-M of 1991 as the questions of law and fact is identical in both these petitions.

(2.) FACTS are being taken from the Criminal Misc. No. 5552-M of 1991. The petitioner seeks quashing of complaint Annexure P-7 under Section 33 of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Act') and summoning order Annexure P-8 dated 22.12.1987 and the subsequent order passed by the Sub-Divisional Judicial Magistrate, Annexure P-6, dated 6.4.1991 and also the order of the Additional Sessions Judge, Annexure P-8-A, dated 1.7.89 and order of the Judicial Magistrate 1st Class Annexure P-8/E dated 29.7.1988 or for grant of any other relief deemed fit and proper by this Court.

(3.) TWO petitions were filed in the High Court for quashing of the complaint bearing Crl. Misc. No. 2949-M of 1989 titled Mani Singh Kanwar v. Punjab State Board; and Crl. Misc. No. 7493-M of 1989 titled M/s Sukhna Paper Mills v. Punjab State Board, for quashing of these complaints under Section 33 of the Act and the summoning order. Both these criminal miscellaneous petitions came up for hearing before S.D. Bajaj, J. (as he then was) and were disposed of on 5.2.91 with the following order :- Crl. Misc. No. 2949-M of 1989 :