- (1.) BOTH the applications were heard together and are being disposed of by this common order as the question involved in both the cases is the same.
(2.) EXTRAORDINARY jurisdiction of this Court has been invoked for quashing the entire criminal case of Noamundi P.S. case no.47 of 2006 (G.R.No.502 of 2006) instituted under section 37 of the Air (Prevention & Control of Pollution) Act, 1981 (hereinafter referred to as ˜the Act') pending in the court of Chief Judicial Magistrate, Chaibasa. One Manikant Prasad, Regional Officer of Jharkhand State Pollution Control Board, lodged a First Information Report on 24.8.2006 alleging therein that on 23.8.2006 when he visited the industrial unit known as M/s. Salasar Metallic, Noamundi belonging to the petitioner, Manish Chand Agarwal, he found the unit in working condition where iron ore was found stored, though the Board had never given any consent to establish the unit or the consent to operate the unit.
(3.) FURTHER it has been alleged that when he visited the premises of industrial unit known as M/s. Keshri Balaji Minerals belonging to the petitioner, Girdharilal Agarwal, iron ore (Fines) was found stored over there and the unit was in working condition, though the Board had never given consent to operate the unit.;