Ms Pakhar Bauxite And Laterite Mines And ... vs The State Of Jharkhand And Anr on 6 May, 2014

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Jharkhand High Court

Ms Pakhar Bauxite And Laterite Mines And ... vs The State Of Jharkhand And Anr on 6 May, 2014

Bench: R.R. Prasad

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      Cr. M. P. No. 3429 of 2013

            M/s Pakhar Bauxite and Laterite Mines of
            Late Gandharva Oraon and another         .... ... Petitioners
                                     Versus
            The State of Jharkhand and another       ...  ... Opp. Parties
                                  -----
            CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
                                  -----

            For the Petitioners     : Mr. Indrajit Sinha, Advocate
            For the State           : A.P.P.
                                    -----

2/06.05.2014

Learned counsel for the petitioners submits that the petitioners are being prosecuted for commission of the offence punishable under Section 15 of the Environment (Protection) Act, 1986 without there being any specific allegation against the petitioners that it were the petitioners who did not comply the provisions of the Act and Rules, which was required to be made in view of the provisions, as contained in Section 16 of the Environment (Protection) Act, 1986 and thereby the order taking cognizance suffers from illegality.

In view of the submission, let notice be issued to the opposite party no. 2 to show cause as to why this application be not admitted and/or if possible be disposed of at the stage of admission itself. Requisites etc. under registered cover with acknowledgment due must be filed by Friday.

Let this case be listed under the same heading on appearance of the opposite party no. 2.

Meanwhile, petitioner no. 2-Durga Bhagat shall not be arrested in connection with Complaint Case being C/III Case No. 5 of 2013.

(R.R. Prasad, J.) AKT

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Jharkhand High Court