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march 2000

Supreme Court of India · 2000-03-27

U.P. POLLUTION CONTROL BOARD vs M/S MOHAN MEAKINS LTD. AND OTHERS

Citation / case number
SC 1999/60557
Court
Supreme Court of India
Petitioner
U.P. POLLUTION CONTROL BOARD
Respondent
M/S MOHAN MEAKINS LTD. AND OTHERS
Author
M.B. SHAH K.T. THOMAS
Bench
M.B. SHAH K.T. THOMAS

Judgment text excerpt

The Supreme Court held that the Sessions Judge erred in quashing the process issued by the Chief Judicial Magistrate under Section 204 of the Code of Criminal Procedure, which does not mandate the recording of reasons for issuing summons. The Court emphasized that the Magistrate must form an opinion based on sufficient grounds for proceeding, but this does not necessitate a detailed reasoning. The Court reinstated the order of the Chief Judicial Magistrate, allowing the prosecution against M/s Mohan Meakins Limited and its Directors to continue, thereby addressing the long-standing issue of pollution in the Gomti river.

U.P. POLLUTION CONTROL BOARD vs M/S MOHAN MEAKINS LTD. AND OTHERS · Niyam