Nandkishore vs The State Of Madhya Pradesh on 23 February, 2026

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    Madhya Pradesh High Court

    Nandkishore vs The State Of Madhya Pradesh on 23 February, 2026

    Author: Subodh Abhyankar

    Bench: Subodh Abhyankar

                               NEUTRAL CITATION NO. 2026:MPHC-IND:6565
    
    
                                                                         1
                                                                                                 MCRC 7059 of 2012
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                                   BEFORE
                                                  HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                        ON THE 25th OF FEBRUARY, 2026
                                                        MISC. CRIMINAL CASE No. 7059 of 2012
                                                                   NANDKISHORE
                                                                       Versus
                                                           THE STATE OF MADHYA PRADESH
    
                                         Appearance:
                                              Shri Amit Singh Sisodia- Advocate for the petitioner.
                                                Shri Romil Verma- G.A. for the State.
    
                                                                          ORDER
    

    Heard finally with the consent of the parties.

    2] This petition has been filed by the petitioner under Section 482 of
    Cr.P.C. against the order dated 25.07.2012, passed by the Xth Additional
    Sessions Judge, Indore in Criminal Revision No.505/2012, affirming the
    order dated 06.06.2012, passed by the Judicial Magistrate in Criminal
    Case No.27721/2009, whereby charges have been framed against the
    petitioner under Section 5/15 of the Environment (Protection) Act, 1986
    (hereinafter referred to as ‘the Act of 1986’).

    SPONSORED

    3] The petitioner has challenged the order of framing of charges
    dated 06.06.2021, alleging illegal boring and violation of Section 5/15
    of the Act of 1986. The aforesaid order has also been affirmed by the
    District Revisional Court vide its order dated 25.07.2012.
    4] In brief, the facts of the case are that on 27.12.2008, one Nasir
    Khan was passing through the 60 ft. road, Near Akshat Garden, Near
    Dena Bank, Indore, at that time, he saw that a boring machine was

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    2
    MCRC 7059 of 2012
    drilling a bore, and when he enquired from the operator of boring
    machine if he has any permission to bore, to which, the operator
    threatened him, which led Nasir Khan to approach the Police and lodge
    an FIR at Crime No.1148/2008. The investigation ensued, in which it
    was found that there was prohibition on boring, and it could only be
    done through permission from the District Magistrate, and thus, after
    investigation, the charge-sheet was filed along with the complaint of the
    Additional Collector, on 09.12.2009.

    5] The objection of the petitioner is that under Section 19 of the Act
    of 1986 the cognizance could only have been taken by the District
    Magistrate on a complaint made by the Central Government or any
    person authorized by the concerned authority, whereas, in the present
    case, admittedly, the final report has been filed by the Police on a
    complaint made by Nasir Khan, and only a covering letter of the
    Additional Collector has been filed along with the charge-sheet, to
    constitute it as a complaint which mode is not permissible under the Act
    of 1986.

    6] Shri Amit Singh Sisodia, learned counsel for the petitioner has
    submitted that the aforesaid process adopted by the Police is dehors the
    mandate of Section 19, as also Section 10, which provides for the
    powers of entry and inspection. It is submitted that if the complaint was
    made by a private person, then 60 days’ notice ought to have been
    issued as per Section 19, and the complaint itself ought to have been
    filed by the Additional Collector as per the notification, instead of
    endorsing the charge-sheet filed by the police, which provision is alien
    to Section 19. In support of his submissions, Shri Sisodiya has relied
    upon the decision rendered by the Bombay High Court in the case of

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    3
    MCRC 7059 of 2012
    Vishal Chandrakant Mhatre Vs. The State of Maharashtra, passed in
    Criminal Writ Petition No.4388/2015.

    7] Counsel for the State, on the other hand, has opposed the prayer,
    and it is submitted the no illegality has been committed by both the
    Courts of the District Court as the complaint has been filed by the
    authorized Officer only, though, the investigation was carried out by the
    Police Officer.

    8] Heard. So far as Sections 10 and 19 of the Act of 1986, on which
    the counsel for the petitioner has relied upon, are concerned, the same
    read as under:-

    “10. POWERS OF ENTRY AND INSPECTION.-

    (1) Subject to the provisions of this section, any person
    empowered by the Central Government in this behalf shall have a
    right to enter, at all reasonable times with such assistance as he
    considers necessary, any place–

    (a) for the purpose of performing any of the functions of the
    Central Government entrusted to him;

    (b) for the purpose of determining whether and if so in what
    manner, any such functions are to be performed or whether any
    provisions of this Act or the rules made thereunder or any
    notice, order, direction or authorisation served, made, given or
    granted under this Act is being or has been complied with;

    (c) for the purpose of examining and testing any equipment,
    industrial plant, record, register, document or any other material
    object or for conducting a search of any building in which he
    has reason to believe that an offence under this Act or the rules
    made thereunder has been or is being or is about to be
    committed and for seizing any such equipment, industrial plant,
    record, register, document or other material object if he has
    reason to believe that it may furnish evidence of the
    commission of an offence punishable under this Act or the rules
    made thereunder or that such seizure is necessary to prevent or
    mitigate environmental pollution.
    (2) Every person carrying on any industry, operation or
    process of handling any hazardous substance shall be bound to
    render all assistance to the person empowered by the Central
    Government under sub-section (1) for carrying out the functions
    under that sub-section and if he fails to do so without any reasonable
    cause or excuse, he shall be guilty of an offence under this Act.

    (3) If any person willfully delays or obstructs any persons
    empowered by the Central Government under sub-section (1) in the

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    4
    MCRC 7059 of 2012
    performance of his functions, he shall be guilty of an offence under
    this Act.

    (4) The provisions of the Code of Criminal Procedure, 1973,
    or, in relation to the State of Jammu and Kashmir, or an area in
    which that Code is not in force, the provisions of any corresponding
    law in force in that State or area shall, so far as may be, apply to any
    search or seizures under this section as they apply to any search or
    seizure made under the authority of a warrant issued under section
    94 of the said Code or as the case may be, under the corresponding
    provision of the said law.

    xxxxxx

    19. COGNIZANCE OF OFFENCES.-

    No court shall take cognizance of any offence under this Act
    except on a complaint made by–

    (a) the Central Government or any authority or officer
    authorised in this behalf by that Government1 , or

    (b) any person who has given notice of not less than
    sixty days, in the manner prescribed, of the alleged offence
    and of his intention to make a complaint, to the Central
    Government or the authority or officer authorised as
    aforesaid.”

    (Emphasis Supplied)
    9] Having considered the rival submissions and on perusal of the
    record, this Court finds that it is not disputed that initially the FIR was
    lodged by one Nasir Khan alleging illegal boring by the boring machine
    which was installed on a truck bearing registration No.KA-01-MB-
    4145, and after investigation, the charge-sheet has been filed alleging
    commission of offence under Section 5(3) of the Act of 1986. It is also
    found that in the final report, the complaint of Additional Collector,
    Indore is also filed with the title, ‘Complaint under Section 19 of
    Environment (Protection) Act’. In the aforesaid complaint, all the
    relevant aspects of the matter have been noted by the Additional
    Collector with the further request that the accused be punished
    accordingly. Along with the complaint, the Gazette notification
    30.09.2003 has also been filed, along with public notice issued
    prescribing the authorized officer to supervise the falling water levels,

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    5
    MCRC 7059 of 2012
    and the District Collectors have been directed to maintain the proper
    water levels.

    10] In the considered opinion of this Court, the procedure adopted by
    the Additional Collector in lodging the complaint cannot be said to be
    beyond the scope of the authority given to him under Section 19 of the
    Act. This is for the reason that whenever such complaints are made
    regarding the illegal boring or drilling by a concerned citizen, he or she
    has no source of knowing as to who is the person authorized to file a
    complaint in this regard, nor do they possess any such knowledge that
    for this purpose a special procedure is provided under the Environment
    Protection Act
    . Thus, the normal reflection of a person who is alleging
    illegal boring would be to lodge a complaint/report to the concerned
    Police Station, and it is the duty of the officer of the concerned Police
    Station to look into the veracity of the same, ensuring the lodging of the
    complaint in accordance with law, through the authorized officer.
    11] So far as the complaint filed by the Additional Collector along
    with the charge-sheet is concerned, in order to demonstrate that all the
    aspects of the matter have been considered by the Additional Collector,
    it would be relevant to refer to the same,. The aforesaid document reads
    as under:-

    “कार्ाालर् कलेक्टर जिला इंदौर (म.प्र)
    क्रं. क ‍ ू/पे जल/ 09 दिन ंक- 02/03/2009
    प्रति,
    न् त क िं ड धिक री महोि
    प्रथम श्रेणी न् ल , इंिौर

    पररवाद पत्र धारा 19 पर्ाावरण (सरं क्षण) अधधनिर्म 1986
    महोि ,
    प्रकरण क संक्षिप्त ि वरररण इस प्रक र हक क केन्री
    भूममगि जल प्र धिकरण नई दिल्ली द्र र ज री अधिसचन दिन ंक

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    6
    MCRC 7059 of 2012
    30 मसिम्बर 2003 द्र र मध् प्रिे श के इंिौर जजले के इंिौर
    म् ूतनमसपल क रपोरे शन िेत्र को भूजल िोहन तन त्रंण हे िु
    नोदिफ इड एरर घोविि क ग थ । इस सच
    ू न क प्रक शन
    तिथी के 90 दिन पश्च ि बबन वरशेि पूर ानुमति के कोई व् ज‍ि /
    संगठन / अमभकरण (सरक री अथर गकरसरक री) खि
    ु ई प्र क
    तनम ाण कसी नई संरचन एरं ोजन भूजल वरक स परर ोजन
    की स्थ पन नहीं करे ।

    क ाल ीन आिे श क्र. क 21 / पे जल / 2007 दिन ंक 02/03/07
    द्र र केन्री भूजल प्र िीक री के पत्र क्रं. क 4/4 सीजीडब्लूए / 04-

                                                  882 दिन ंक     05 मसम्बर 2006 के संबंि में इंिौर नगर तनगम सीम
    
                                                  िेत्र के मलए केन्री     भज
                                                                           ू ल प्र धिकरण के अंिगिा कले‍िर जजल
                                                  इंिौर की अध् िि         में सममति क           गठन      क      ग      हक िथ
                                                  दिन ंक 02 म चा 07 म चा के पश्च ि इंिौर               नगर तनगम सीम में
                                                  नलकूप ट् ब
    

    ू रेल हे ण्डपम्प खनन के मलए कले‍िर जजल इंिौर की
    अध् िि में गदठि सममति में पर
    ू ानम
    ु ति लेन अतनर ा क
    ग ।

                                                           उ‍ि आिे श क          प लन         क े ज ने के संबंि में थ न
                                                  चंिननगर इंिौर द्र र          अपने िेत्र में दिन ंक 27.12.08 को प्र प्त ि
                                                  सूचन के आि र पर प                  ग       क अिि ग डान के प स स्कीम
    

    न. क 71 में ड्रिमलंग बोररंग मशीन न. क केए -01/एमबी – 4145 संच मलि
    थी िथ खनन करिी हुई च लू प ई गई उ‍ि खनन क आरोपी
    नंि कशोर वपि र मचंर मण्लोई 39 स ल तन. क ग्र म कम्पेल थ न
    खड
    ु ल
    क इंिौर द्र र मौके पर कर ज रह थ । उ‍ि खनन के
    संबि में अनुमति म ंगे ज ने पर प्रस्िुि नहीं की गई जजससे स्पष्ि
    हक नलकूप खनन क क ा बबन अनुमति प्र प्त ि क े क ज रह
    थ जो प ाररण संरिण अधितन म 1986 की ि र के िहि ज री
    श सन आिे श के उल्लघंन की श्रेणी में आि हक । अिः आरोपी
    नंि कशोर वपि र मचंर मण्लोई 39 स ल तन. कग्र म कम्पेल थ न
    खड
    ु ल
    क इंिौर के द्र र उ‍ि उल्लघंन के क रण उसके वररुद्ि थ न
    बंिननगर पर अप क्र. क 1148/08 ि र प ाररण संरिण अधितन म
    1986 की िर 5 र उप ि र (2) के खण्ड 12 (14) क अपर ि
    पंजीबद्ि कर वररेचन की गई हक । वररेचन में आरोपी द्र र
    उल्लघंन करन प ग हक । प ाररण संरिण अधितन म 1986 के

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    7
    MCRC 7059 of 2012
    िहि लोक सेरक की ओर से मलखखि पररर ि प्रस्िुि क जन
    आरश् क हक । अिः प ाररण संरिण अधितन म 1986 की ि र 19
    के िहि आरोपी नंि कशोर वपि र मचंर मण्लोई 39 स ल तन. कग्र म
    कम्पेल थ न खड
    ु ल
    क इंिौर को प ाररण संरिण अधितन म 1986 की
    ि र 15 के िहि िं ड्रडि क े ज ने ब बि पररर ि पत्र म ननी
    न् ल के समि प्रेविि हक ।

    अपर कले‍िर
    जजल इंिौर”

    12] A perusal of the aforesaid complaint would reveal that the
    Additional Collector has taken care of all the aspects of the matter, and
    in such circumstances, merely because the initial complaint was made to
    the Police by a private citizen, and the Police has also carried out the
    investigation, it cannot be said that the entire process of filing the
    complaint has been vitiated. This Court is also of the considered opinion
    that there is no embargo in the Act of 1986 for the authorised officer to
    rely upon the material collected by the police during investigation.
    13] This Court is also of the considered opinion that if Section 19 is
    given strict interpretation to hold that even the initial report has to be
    lodged to the authorized officer only and he would only be required to
    carry out further investigation, it would certainly defeat the entire
    purpose of the Act, i.e., to protect the environment, as it is not expected
    from any person who is concerned for the environment to first search
    for the authorized officer to whom such complaint can be made instead
    of going to the nearest Police Station, and by the time he reaches the
    authorised officer after consuming considerable time, the irreparable
    damage to the environment would have already been done. Thus, when
    an illegal drilling or any other activity harming the environment is
    spotted by any person, it has to be stopped then and there only and such
    prompt action can only be taken through the concerned Police Station

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    8
    MCRC 7059 of 2012
    having territorial jurisdiction over the area. Thus, if literal interpretation
    is given to Section 19 to hold that all the investigation has to be carried
    out by the Collector only, it would lead to defeating the very purpose of
    the Act of 1986 which cannot be the intention of the Legislature.
    14] As has also been argued by Shri Sisodia, so far as the application
    under Section 10 is concerned, which provides for powers of entry and
    inspection, it is found that the same is set in Chapter III of the Act of
    1986 which contains the procedure for Prevention, Control and
    Abatement of Environment Pollution. Section 7 provides for Persons
    Carrying on Industry Operation, etc., Not to Allow Emission or
    Discharge of Environmental Pollutants in Excess of the Standards.-,
    Section 8 provides for Persons Handling Hazardous Substances to
    Comply with Procedural Safeguards, and Section 9 provides for
    Furnishing Of Information To Authorities And Agencies in Certain
    Cases. Thus, this Court finds that Section 10 would be applicable in
    cases only where search and seizure are required to be performed in an
    industry, and has no application in the facts and circumstances of the
    case, where a boring machine was drilling a bore on a roadside.
    15] In view of the aforesaid discussion, this Court does not find any
    substance in the petition, and accordingly the same is hereby dismissed.
    16] So far as the judgment relied upon by the counsel for the
    petitioner in the case of Vishal Chandrakant Mhatre (Supra) is
    concerned, the same is distinguishable on facts, as in the said case, the
    complaint itself was filed by the person not authorized under Section 19
    of the Act of 1986.

    17] Since the further proceeding of the Trial Court was stayed by this
    Court vide its order dated 29.01.2013, the same consequently stands

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52
    NEUTRAL CITATION NO. 2026:MPHC-IND:6565

    9
    MCRC 7059 of 2012
    vacated, and the learned judge of the Trial Court is requested to expedite
    the matter.

    18] Petitioner is directed to appear before the Trial Court on
    29.04.2026.

    (SUBODH ABHYANKAR)
    JUDGE

    Bahar

    Signature Not Verified
    Signed by: BAHAR CHAWLA
    Signing time: 17-03-2026
    18:46:52



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