- (1.) Instant petition has been filed assailing order dt.24/07/03 of Addl. Chief Judl Magistrate, NO.2, Jaipur City framing charge of offence Under Section 420, IPC against petitioner in Cr.Case-982/02.
(2.) Brief facts giving rise to the controversy raised herein are that petitioner being Environment Consultant is rendering his services for preparation of environment impact assessment ("EIA") and environment Management Plan ("EMP") reports, in the name of M/s Jaishree Technocrate (P) Ltd. Vide letter dt.16/05OF 1996, DLF Cement Ltd. ("DLF") hired his services for preparation of EIA & EMP reports. However, to establish Cement unit, since 04/06/93, the DLF was having "No Objection certificate" issued by Rajasthan Pollution Control Board ("Board") initially for one year and subsequently renewed upto January, 1996 or the date of commission of plant whichever is earlier vide letter dt. 08/07/94.
(3.) Employees of the Pollution Board brought to the notice of its Chairman through Member Secretary as is evident from letter dt.22/10OF 1996 that letter No. 1372 granting extension of consent to establish cement Unit of the DLF is forged one. At this stage, Akshay Bhargava, Sr.Environment Engineer of the Pollution Board lodged a written report dt.25/10OF 1996 at P.S. Gandhinagar Jaipur, on which FIR-483OF 1996 was registered for offences Under Sections 420/467/468/471, IPC, against "unknown person" inter-alia alleging that the Pollution Board has neither received application dt.29/02OF 1996 for issuing extension for grant of "No objection Certificate" nor letter No. 1372 of extension issuing "No objection certificate" in favour of DLF Cement Co. at Jaitaran (Pali) is dispatched, which according to him was forged document - on the basis whereof, the DLF has taken benefits from various Government agencies.;