✦ Patna High Court

Shard Bhushan Sinha v. The State Of Bihar

PATNA HIGH COURT CWJC No. 6331 of 2013NAVIN SINHA, VIKASH JAIN

Case at a glance

Bench
NAVIN SINHA, VIKASH JAIN

Judgment

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 7 09-07-2013 No one appears for the petitioner. In this Public Interest Litigation, the allegation was against establishment of a Rice Mill by respondent nos. 7 and 8 without consent from the Pollution Control Board. A supplementary counter affidavit filed on behalf of the Board states that a complaint under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 has been filed against M/s A.K. Rice Mills Nalanda in the court of S.D.J.M.- cum-Special Magistrate, Patna, which has been registered as Patna High Court CWJC No.6331 of 2013 (7) dt.09-07-2013 Complaint Case No. 3 (M) of 2013. Cognizance has been taken on

09.05.2013. In order to obviate any technical objections on the ground of jurisdiction, invoking our powers under Section 407(2) of the Code of Criminal Procedure, we direct that Case No. 03 (M) of 2013, pending before the S.D.J.M., Patna be transferred to the competent Court at Nalanda for trial in accordance with law, as the defaulting unit was situated at Nalanda. The order be communicated the Court concerned for the needful. The Public Interest Litigation stands disposed. (Navin Sinha, J) Md. Ibrarul/- (Vikash Jain, J)

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