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2025 DAILYLAW 17726 (KAR)

SRI.RAJENDRA N v. THE KARNATAKA STATE POLLUTION

CRL.P/2549/2025 · 2025-02-27

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8544 CRL.P No. 2549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2549 OF 2025 BETWEEN: 1. SRI.RAJENDRA N S/O LATE NACHIMUTHU AGED ABOUT 55 YEARS PARTNER M/S VIJAYA STONE CRUSHERS PRASANNA ANJANEYA TRUST LAYOUT KUNIGAL BYPASS ROAD NELAMANGALA TOWN BENGALURU - 562 123 2. SMT VIJAYA VENKATESH W/O LATE C VENKATESH AGED ABOUT 55 YEARS PARTNER M/S VIJAYA STONE CRUSHERS PRASANNA ANJANEYA TRUST LAYOUT KUNIGAL BYPASS ROAD NELAMANGALA TOWN BENGALURU - 562 123 3. M/S VIJAYA STONE CRUSHERS A REGISTERED PARTNERSHIP FIRM PRASANNA ANJANEYA TRUST LAYOUT KUNIGAL BYPASS ROAD NELAMANGALA TOWN Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8544 CRL.P No. 2549 of 2025 BENGALURU RURAL - 562 123 REPRESENTED BY ITS PARTNERS MR RAJENDRA N … PETITIONERS (BY SRI. GANAPATHY BHAT, ADVOCATE) AND: 1. THE KARNATAKA STATE POLLUTION CONTROL BOARD TUMKUR, PLOT NO.97 ANTHARASANAHALLI INDUSTRIAL AREA SIRA ROAD, LINGAPURA TUMKUR - 572 106 REPRESENTED BY ITS DEPUTY ENVIRONMENTAL OFFICE SRI V RAMESH … RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) THIS CRL.P. IS FILED U/S 482 CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CC.NO.1686/2017 PRIVATE COMPLAINT FILED BY THE RESPONDENT IN P.C.R AGAINST THE PETITIONERS UNDER SECTION 200 OF CR.P.C. FOR ALLEGED OFFENCE UNDER SECTION 21, 31(A) READ WITH SECTION 37 OF THE AIR ACT, 1981 ON THE FILE OF PENDING BEFORE THE CIVIL JUDGE (JR.DN.) AND JMFC., AT TUMKUR, THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:8544 CRL.P No. 2549 of 2025 ORAL ORDER The petitioners have filed the present petition seeking the following reliefs:- "(i) Quash the proceedings in C.C.No.1686/2017 private complaint filed by the respondent in P.C.R. against the petitioners under Section 200 of Cr.P.C. for alleged offence under Section 21, 31(A) read with Section 37 of the Air Act, 1981 on the file of pending before the Civil Judge (Jr.Dn.) and J.M.F.C. at Tumkur, in the interest of justice and equity. (ii) Grant such other and further relief's as this Hon'ble Court may be deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. After arguing the matter for sometime, learned counsel for the petitioners on instructions submits that he may be permitted to withdraw the Criminal Petition, reserving liberty in favour of petitioners to file an application seeking discharge before the Trial Court. 3. The said submission is placed on record. - 4 - NC: 2025:KHC:8544 CRL.P No. 2549 of 2025 4. The Petition is accordingly disposed of as withdrawn reserving liberty in favour of the petitioners to file an appropriate application for discharge before the Trial Court, who shall consider the same, in accordance with law. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE VGR