V.C. CHINNAPPA GOUDAR versus KARNATAKA STATE POLLUTION CONTROL BOARD & ANR.

V.C. CHINNAPPA GOUDAR versus KARNATAKA STATE POLLUTION CONTROL BOARD & ANR.

Protection under Section 197 Cr.P.C. is not available to public servants prosecuted under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974, due to statutory conflict and absence of specific provisions for sanction in the Water Act; Section 60 of the Water Act overrides.

Parties
Appellant: V.C. Chinnappagoudar; Respondent: Karnataka State Pollution Control Board; Respondent: Anr.
Jurisdiction
India
Judgment Date
10 March 2015
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment
Outcome
appeals dismissed
Legal Topics
Prosecution of Public Servants, Requirement of Sanction Under Section 197 Cr.p.c., Water (prevention and Control of Pollution) Act Application
Criminal Law Environmental Law Public Service Law Prosecution of Public Servants Requirement of Sanction Under Section 197 Cr.p.c. Water (prevention and Control of Pollution) Act Application

Case Brief

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Parties

V.C. Chinnappagoudar

Appellant

Karnataka State Pollution Control Board

Respondent

Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether sanction under Section 197 Cr.P.C. is required for prosecuting public servants under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974

Ratio Decidendi

Protection under Section 197 Cr.P.C. is not available to public servants prosecuted under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974, due to statutory conflict and absence of specific provisions for sanction in the Water Act; Section 60 of the Water Act overrides.

Court Disposition

appeals dismissed

Orders

  • If appellants apply for dispensation of appearance under Section 205 Cr.P.C. by filing special vakalat, the trial Judge shall consider favourably.