D.V. Sharma, J. - (1.) THE instant petition under Section Cr.P.C. has been preferred challenging the proceedings in Criminal Case No. 13 & 14 of 1993 (U.P. Pollution Control Board v. Ansal Papers and Ors.) pending in the court of Special Judicial Magistrate Pollution, Lucknow along with the orders dated 23.04.2005, passed by the Special Judicial Magistrate, Pollution and order dated 15.5.2007 passed by the Additional Sessions Judge, Lucknow. It has further been prayed that the operation of the order dated 1.4.2005 through which non -bailable warrants and proceedings under Section Cr.P.C. which have been directed to be initiated against the petitioners be stayed.
(2.) BACKGROUND facts in nutshell are as follows; The Water (Prevention and Control of Pollution) Act, 1974 (hereinafter to be referred to as the Act) came into existence on 23.03.1974 to ensure that the domestic and industrial effluents are not allowed to be discharged into the water courses without adequate treatment.
(3.) THE State Board for Control of Pollution was constituted on 3.2.1975 by the Government of U.P. under the Act and it has been named as U.P. Pollution Control Board (hereinafter to be referred to as the Board). M/s Ansal Papers, Sikandrabad, Bulandshahar was a unit of Ansal Properties & Infrastructure Limited within the meaning of the Section of the Act (hereinafter referred to as the Company) which was running a paper mill in district Bulandshahar.;