M.L. Jain, J.
(1) This is a petition under Section 482 Cr. P.C. for quash- ing of the order dated June 5, 1976 passed by the Metropolitan Magistrate. Delhi, in a complaint filed by the Municipal Corporation of Delhi against Dr. Bharat Ram, Managing Director, and Mr. P.D. Nebhnani, Chief Engineer, of the Delhi Cloth Mills and the Delhi Cloth and General Mills Co. Ltd., under Section 357 and 461 of the Delhi Municipal Corporation Act, 1957.
(2) The complaint was that on June 3, 1976 at 11 A.M., a Sanitory Inspector visited the D.C.M. area and found that smoke and abnoxious matter containing dust particles were being limited from the chimneys of the D.C.M. and were being allowed to be deposited in the near by localities, streets and drains and thus constituting a health hazard and nuisance to the localities and the passer. By the learned Magistrate directed on June 7. 1976, that the exa- mination of the complainant being a public officer, was dispensed with and since complaint disclosed, prima facie, a case under S. 357 against the accused they were summoned for June 7, 1976. Two questions are raised first relates to the responsibility of the Managing Director and the Chief Engineer in respect of the aforesaid offence, the second, whether any offence under Section 357 is made out even though all the facts stated in the complaint were believed to be true.
(3) Section 461 of the Act is attracted only if upon the facts stated in the complaint on offence can be said to have been committed by the accused person for contravention of Section 357 of the Act. The learned counsel for the corporation pointed out that according to sub-section (2) of Section 357 of the Act, 'no owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, fieth and other polluted and obnoxious matter to run down on or to, a be thrown a put upon, any street or into any drain in a along the side of any street except in such manner as shall present any avoidable nuisance from any such water, rubbish, fieth or other polluted and obnoxious matter.'
IT is alleged that the accused are allowing the smoke and dust emitted by their chimneys to be thrown or put upon the streets or along the side of the streets in the area of Bara Hindu Rao.
(4) I have considered, the D.C.M. is a licensed factory and was established as early as the year 1880, and has since then been in operation. Now the allegation in the year 1976 is that the smoke and abnoxious matter containing dust particles is allowed to be deposited on the streets and drain. It appears to me that the accused are neither allowing the smoke or the dust therein to be thrown upon or put on any street. As a matter of fact, the smoke is thrown into the air and in order to prevent any avoidable nuisance which the smoke or dust partcles, there it may causer and it cannot be said that it is thrown on deposited on any street or drain. It is true that the air of Delhi has been polluted, but then the helpless citizen have to await an effective measure being enacted by Parliament, Sec. 357 of the Act certainly does .not cover the mischief. 1 am, thereforee, of the view that the facts as stated in the complaint do not constitute the alleged offence and in such cases this court has jurisdiction under Sec. 482 Cr. P.C. to quash the proceedings in order to prevent the abuse of the process of court and to secure the ends of justice.
(5) Hearing answered the second question in the negative, I need not now answer the first question consequently, I accept this petition, and direct that the impugned order of the learned magistrate and the prosecution of the petitioner under the said complaint be and hereby quashed.