N.K.KAPOOR, J. - (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. This present petition has been filed by M/s Sukhna Paper Mills Limited through Sh. Pritam. Singh, Managing Director. As per averments made in the petition, M/s Sukhna Paper Mills Limited is a registered company and is engaged in the manufacture of paper. The paper is made from wheat straw and old and unserviceable gunny bags. In the process, water is used for washing cooked pulp. This water is discharged from the mill and is primarily used for the irrigation of the adjoining fields in the mill. It is the case of the petitioner that the Punjab State Board for the Prevention and Control of Water Pollution, Patiala, (for short the Board') initiated proceedings under Sections 43, 44 and 47 of the Act by filing one complaint and under Section 33 of the Act by filing another complaint. In both these complaints, the company was served through Mani Singh in one case and through Sh. Pritam Singh, Managing Director, in the other case. Both the aforesaid persons were released on bail.
(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 : "It is reported that the respondents have waived the contravention and are taking steps to regularise it in terms of the request made by the petitioners in this regard. In result Crl. Misc. No. 2949-M of 1989 is dismissed as infructuous." Crl. Misc. No. 7493-M of 1989. "It is reported that the respondents have waived, the contravention and are taking steps to regularise it in terms of the request made by the petitioners in this regard. In result, CrI. Misc. No. 7493-M of 1989 is dismissed as infructuous." ;