Arijit Pasayat, J. - (1.) View expressed by High Court of Madhya Pradesh, Jabalpur Bench at Indore holding that after introduction of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Water Act) and the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the Air Act), there was implied repeal of Section 133 of the Code of Criminal Procedure, 1973 (in short the Code), is questioned in these appeals.
(2.) Factual background needs to be noted in brief as legal issues of pristine nature are involved. The Sub-Divisional Magistrate (hereinafter referred to as the SDM) of the area concerned served orders in terms of Section 133 of the Code directing the respondents who owned industrial units to close their industries on the allegation that serious pollution was created by discharge of effluent from their respective factories and thereby a public nuisance was caused. The preliminary issues and the proceedings initiated by the SDM were questioned by the respondents hereinbefore the High Court under Section 397 of the Code.
(3.) The main plank of their arguments before the High Court was that by enactment of Water Act and the Air Act there was implied repeal of Section 133 of the Code.;