Supreme Court of India · 2015-03-10
V.C.CHINNAPPA GOUDAR vs KAR.STATE POLLUTION CONTROL BD.
- Citation / case number
- SC 2009/1675
- Court
- Supreme Court of India
- Petitioner
- V.C.CHINNAPPA GOUDAR
- Respondent
- KAR.STATE POLLUTION CONTROL BD.
- Bench
- FAKKIR MOHAMED IBRAHIM KALIFULLA, SHIVA KIRTI SINGH
Judgment text excerpt
The Supreme Court dismissed the appeals challenging the High Court's decision to quash the complaint against public servants under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974. The Court held that the requirement of sanction under Section 197 Cr.P.C. does not apply due to the specific provisions of the 1974 Act, particularly Sections 48 and 49(1), which create a conflict with the Cr.P.C. The Court affirmed that the prosecution was valid without prior sanction, thus upholding the High Court's ruling.