I filled a criminal complaint before the Ld. Chief Judicial Magistrate Janjgir-Champa under Section 19 (b) of Environment (Protection) Act 1986, Section 43 (b) of Air (Prevention and Control of Pollution) Act, 1981 and Section 49 (b) of the Water (Prevention and Control of Pollution) Act, 1974 against officers of a power company (company was not made party) for violating provisions of EP Acts, Water Act and Air Act which has been dismissed on the ground that petitione is not maintainable on the ground of pendency of the petition filed by the petitioner before the Hon’ble NGT Bhopal.
I filed Petition under Section 482 of the Criminal Procedure Code, 1973 against the impugned order dated 05.11.2016 passed by the Ld. Chief Judicial Magistrate Janjgir-Champa which was againt dismissed by Hon'ble High Court stating that where the offence is said to have been committed by the company arrainging of the company as a party in the complaint is a condition precedent in order to make a valid and maintanable complaint to prosecute the company and its responsible officers and in absence of company being arraingning as accused in a complaint, the said complaint is held to be not maintainable in law.
Whethere second complaint on same cause of action and violations is maintainable before Ld. Chief Judicial Magistrate Janjgir-Champa and may be filed with making company as an accused ?
Whethere Hon'ble High Court must have given liberty to me to file fresh complaint before Ld. Chief Judicial Magistrate Janjgir-Champa or Hon'ble High Court must have added left out accused under section 319 of CrPc.
