AMARESHWAR SAHAY, J. - (1.) IN the instant application the petitioners have prayed for quashing of the entire criminal proceeding initiated against them in connection with C.P. case no. 1493 of 1998 as well as the order dated 23.6.1999 passed by the Judicial Magistrate, Dhanbad whereby cognizance of the offences under Sections 269,270,277,278 and 290 read with Section 34 of the Indian Penal Code has been taken against the petitioners.
(2.) THE opposite party no. 2 who is said to be the Mukhiya of Gortopa Bara Nawatand Gram Panchayat, situated in Dhanbad filed a complaint before the Chief Judicial Magistrate, Dhanbad, which was registered as C.P. case no. 1493 of 1998. It was alleged in the complaint petition that factory of the petitioners namely, Dhanbad Chemical Factory, Govindpur, was established 14 -15 years back and was engaged in manufacturing of various types of chemicals goods such as Acid, Ammonia Gas and other poisonous substances and gaseous product. It is said that because of manufacturing and transaction of the business of the gas and chemicals, the atmosphere, climate, air and water became polluted and because of that many fertile land of the locality became unfertile, due to the flows of acid and poisons water of the said factory. The wells, water taps and tanks within area of 4 K.M. in radius became polluted.
(3.) IN respect of the information given to the local administration and the police, the authorities kept silent and did not lake any step for prevention of pollution of air and water and having no other option the complainant lodged the complaint in court. A copy of the complaint petition has been annexed as Annexure -1 to this application.;