Rejection of the complaint filed before CJM cour.
Jaigopal Soni
(Querist) 07 November 2016
This query is : Resolved
In continuation to earlier issue and violation of Environment Protection Act and it's provisions I sent legal notice under section 19 (b) before filling complain in CJM court janjgir for taking cognizance of offense. Finally filed complain at CJM court and and few month after filling complaint filled an appeal against EC issued in National Green Tribunal Bench Bhopal to quash EC and pass further orders.
CJM court rejected my complaint under section 19 (b) of Environment Protection Act 1986 by saying that matter is not maintainable as already approached National Green Tribunal Bench Bhopal.
What remedies are available to me?
adv.bharat @ PUNE
(Expert) 07 November 2016
Yes Jaigopal Soni ji you have remedy for it.
U need to hire expert environmental specialist who have experience of handling such case.
If you had filed the case with required specialist then it may not get rejected.
Jaigopal Soni
(Querist) 07 November 2016
Dear Sir,
Environmental Specialist at Janjgir-Champa District and Civil Court not available. Thats why i prepared my own complaint and filed through a local criminal lawyer but it is rejected under section 203 after oath under section 200 and inquiry under section 202 by Regional officer. CJM has not rejected my complain with mentioning offence has not been done or material not available in my complain but rejected on the ground that i have filed appeal before project in National Green Tribunal.
Hence i am going to file either appeal in session court or writ under section 227 in High Court of Chhattisgarh.
Thanks for your opinion.
Jaigopal Soni
(Querist) 07 November 2016
Respected Rajendra K Goyal, I am not able to see your reply. please help how to see that.
Rajendra K Goyal
(Expert) 07 November 2016
Discuss with some senior lawyer and explore the scope to file public interest litigation.
Jaigopal Soni
(Querist) 07 November 2016
Thank you R.K.Goyal Sir & Bharat Ji.
adv.bharat @ PUNE
(Expert) 07 November 2016
As u were fighting for benefit of common man you can prefer the PIL.
For any further help you have my details can revert back on the same.
Devajyoti Barman
(Expert) 08 November 2016
Revision lies in sessions court or high court as the order of Magistrate is one merit and not in technicality.
Both the NGT and criminal prosecutions are different and one remedy does not preclude exploring other remedy in criminal court.
You have good merit in your case.
Do file Revision preferably in high court for better appreciation of law points involved.
Hemant Agarwal
(Expert) 08 November 2016
1. Check jurisdiction of local magistrates court, in dealing with applications under the Environment Protection Act, more so when a "National Green Tribunal" is constituted for the same.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 09 November 2016
Can proceed as advised by the experts.
Ms.Usha Kapoor
(Expert) 25 June 2018
Agree with Barman and Hemant Agawal.
