The High Court at Bombay dismissed a writ petition challenging a Magistrate's order directing pollution investigation. The Court held the petition was misconceived. Claims of non-compliance with previous directions were rejected without admission at the Section 156 CrPC stage.
The writ petition was dismissed as being misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1622 OF 2007
M/s. Thermax Limited & Ors. .. ... Petitioners.
Versus
Mr. K.M. Johny & Ors......... .... Respondents.
Mr. S. S. Desai for the Petitioners. Mr.Nitin Pradhan for Respondent No.1. Mr. A.S.Gadkari, APP for Respondent Nos.2 and 3.
CORAM : BILAL NAZKI and S. A. BOBDE, JJ.
DATED : 11TH JANUARY, 2008.
P.C.:
Heard learned Counsel for the parties.
was filed by the complainant and the matter was referred to the police for investigation, the petitioners chose to file two writ petitions in this Court
2
being writ petition Nos. 209 of 2003 and 443 of 2003. This Court allowed the writ petitions by order dated 10th June, 2003. While holding that the order passed by the Magistrate confirms to the provisions of Section 156 (3) of the Criminal Procedure Code, it found that the Magistrate' s satisfaction was not disclosed and, therefore, it set aside the order and remitted the matter back to the learned Magistrate for reconsideration of the entire prayer as made by the complainant and after giving adequate opportunity of hearing to both the sides.
3
accordingly, dismissed.
Sd/-
(BILAL NAZKI, J.)
Sd/-
(S. A. BOBDE, J.)
M/s. Thermax Limited & Ors.
Mr. K.M. Johny & Ors.
BILAL NAZKI
S. A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
