Judgment : U.V. Bakre, J. 1. Heard Mr. Lotlikar, learned Senior Counsel for the petitioners and Mr. Rivankar, learned Public Prosecutor for the respondents. 2. This petition, under Section 482 of the Criminal Procedure Code, 1973, has been filed for quashing of F.I.R. registered on 10/07/2013 by the Officer in charge of Ponda Police Station being F.I.R. No. 169/2013; the Charge Sheet No. 253/2013 dated 30/12/2013 and the proceedings filed in the Court of Judicial Magistrate, First Class at Ponda against the petitioners for offences under Section 5 of Environment (Protection) Act, 1986 (the Act, for short) read with Rules 5 and 6 of Bio-Medical Waste (Management and Handling) Rules, 1998 (the Bio-Medical Waste Rules, for short) and Sections 199, 269, 297, 336, 447 read with 34 of Indian Penal Code (I.P.C., for short). 3. The said Charge Sheet, which has culminated into Criminal Case No. 1/S/IPC/2014/C, has been filed altogether against 11 accused persons. The petitioners are accused nos. 4 to 9 and B1 and B2. The petitioners are the members of Management Committee of “Shri Kamaxidevi Homeopathic Medical College and Hospital, Shiroda-Goa”, run by Shivgram Education Society, which is a society registered under the Societies Registration Act, 1966. Shri Kamaxidevi Homeopathic Medical College and Hospital, Shiroda-Goa conducts B.H.M.S. Degree course of 5 and half years' duration. The said college is affiliated to the Goa University and is recognised by the Government of Goa and by the Central Council of Homeopathy and also by the Ministry of Health and Family Affairs, Department of AYUSH, Government of India. For teaching the subjects, the College requires cadavers and procures them from them Goa Medical College, under due sanction accorded by the Government. 4. The complaint dated 10/07/2013 has been lodged by Shri Mohan Gaude, P.S.I. attached to Ponda Police Station, inter alia, alleging that Shri Devidas Borkar and Shri Benedito Camilo Fernandes (accused nos. 1 and 2), dumped nine skeletons/dead bodies of human beings, in a pit, which cadavers were procured from Anatomy Department of Goa Medical College, Bombolim for the purpose of dissection, near Hindu Smashan Bhumi, Karai, Shiroda and the said pit existed in the property of Comunidade of Shiroda and no permission was obtained from the said Comunidade for disposal of dead bodies in the said Comunidade property. It was further alleged in the complaint that the Management, Principal and Staff failed to maintain records of the pit for deep burial and, therefore, all are responsible for the criminal act. Upon this complaint, the said F.I. R. came to be registered and Charge Sheet came to be filed, which resulted into then said Criminal Case No. 1/S/IPC/2014/C. 5. By order dated 24/06/2014, this Court issued Rule and by way of an interim relief, stayed all further proceedings in the said Criminal Case no. 1/S/IPC/2014/C pending on the file of Judicial Magistrate, First Class at Ponda, qua the petitioners, during the pendency of the present petition. 6. Mr. Lotlikar, learned Senior Counsel appearing on behalf of the petitioners submitted that the basic allegation against the petitioners is under Section 5 of the Act. He submitted that there is absolutely nothing on record to suggest that there was any conspiracy by the petitioners or to suggest that the petitioners had shared common intention. He submitted that Rules 5 and 6 of the Bio-Medical Waste Rules speak about the duty of the occupier. He submitted that the occupier is defined vide Section 2(f) of the said Act and that in the present case, the Medical Superintendent is the occupier. He further submitted that in terms of Section 19 of the Act, the learned J.M.F.C. could not have taken cognizance of the complaint. Learned Senior Counsel further submitted that other offences under I.P.C. are consequential offences and that even otherwise, the petitioners cannot be held responsible for the acts of the said accused nos. 1 and 2. He therefore urged that, there being no material against the petitioners, the F.I.R., the Charge Sheet and the proceedings before the learned J.M.F.C. be quashed and set aside. 7. On the other hand, Mr. Rivankar, learned Public Prosecutor submitted that in terms of Sections 199, 269, 297, 336 and 447 of I.P.C. whoever does the act as specified therein is liable for punishment and that “whoever” means through anyone. He submitted that the petitioners had permitted the accused nos. 1 and 2 to dump the said dead bodies at that open, unguarded and unsecured place and had not taken proper care and, therefore, they are also liable by virtue of Section 34 of I.P.C. He therefore urged that since the charge sheet is already filed, the petition be dismissed. 8. 1 and 2 to dump the said dead bodies at that open, unguarded and unsecured place and had not taken proper care and, therefore, they are also liable by virtue of Section 34 of I.P.C. He therefore urged that since the charge sheet is already filed, the petition be dismissed. 8. We have gone through the material on record and we have also considered the submissions advanced by the learned Counsel for the parties. 9. At the outset, it would be advantageous to quote the relevant provisions of law. (a) Section 5 of the Act provides as under : “5. Power to give directions Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. Explanation-- For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-- (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service.” (b)Rules 4, 5 and 6 of the Bio-Medical Waste Rules provide as under : “4. Duty of occupier -It shall be the duty of every occupier of an institution generating biomedical waste which includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood bank by whatever name called to take all steps to ensure that such waste is handled without any adverse effect to human health and the environment. 5. Treatment and disposal - (1) Bio-medical waste shall be treated and disposed of in accordance with Schedule I, and in compliance with the standards prescribed in Schedule V. (2) Every occupier, where required, shall set up in accordance with the time-schedule in Schedule VI, requisite bio-medical waste treatment facilities like incinerator, autoclave, microwave system for the treatment of waste, or, ensure requisite treatment of waste at a common waste treatment facility or any other waste treatment facility. 6. Segregation, packaging, transportation and storage – (1) Bio-medical waste shall not be mixed with other wastes. 6. Segregation, packaging, transportation and storage – (1) Bio-medical waste shall not be mixed with other wastes. (2) Bio-medical waste shall be segregated into containers/bags at the point of generation in accordance with Schedule II prior to its storage, transportation, treatment and disposal. The containers shall be labeled according to Schedule III. (3) If a container is transported from the premises where bio-medical waste is generated to any waste treatment facility outside the premises, the container shall, apart from the label prescribed in Schedule III, also carry information prescribed in Schedule IV. (4) Notwithstanding anything contained in the Motor Vehicles Act, 1988, or rules thereunder, untreated bio-medical waste shall be transported only in such vehicle as may be authorised for the purpose by the competent authority as specified by the government. (5) No untreated bio-medical waste shall be kept stored beyond a period of 48 hours. Provided that if for any reason it becomes necessary to store the waste beyond such period, the authorised person must take permission of the prescribed authority and take measures to ensure that the waste does not adversely affect human health and the environment. (6) The Municipal body of the area shall continue to pick up the transport segregated non biomedical solid waste generated in hospitals and nursing homes, as well as duly treated biomedical wastes for disposal at municipal dump site.” (c) Section 19 of the Act provides as under: (a) the Central Government or any authority or officer authorised in this behalf by that Government, 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.” “19. Cognizance of offences -No court shall take cognizance of any offence under this act except on a complaint made by- 10. By order dated 10/11/1998, the Dean of Goa Medical College and Ex-officio Additional Secretary has sanctioned provision of cadavers from Anatomy Department of Goa Medical College to Kamaxidevi Homeopathic Medical College and Hospital, Shiroda, for dissection and teaching purpose. Cognizance of offences -No court shall take cognizance of any offence under this act except on a complaint made by- 10. By order dated 10/11/1998, the Dean of Goa Medical College and Ex-officio Additional Secretary has sanctioned provision of cadavers from Anatomy Department of Goa Medical College to Kamaxidevi Homeopathic Medical College and Hospital, Shiroda, for dissection and teaching purpose. The Goa State Pollution Control Board (GSPCB, for short), under Rule 8(4) of the Bio Medical Waste Rules, has authorised the Medical Superintendent (occupier) to generate, store, treat and dispose of the bio-medical waste at the premises of M/s. Kamaxidevi Homeopathic Medical College and Hospital, Karai, Shiroda, Ponda, Goa. As per clause 14 of the said authorisation, the occupier should construct deep burial pit of two metres depth and no shallow well should be closed to the deep burial site. The occupier should maintain all records of pit for deep burial. From the above provisions of Rules 4, 5 and 6 of the Bio-Medical Waste Rules, and the authorisation dated 01/03/2013 given by GSPCB, it is clear that it is the “occupier” of the institution, who will be responsible for the alleged offence under Section 5 of the Act read with Rules 5 and 6 of the Bio-Medical Waste Rules. None of the petitioners is the occupier and the occupier is the Medical Superintendent of the said Hospital. Considering the provision of Section 19 of the Act, the complaint ought to have been lodged by the Central Government or any authority or officer authorised, in this behalf, by that Government or in the manner as specified by clause (b) of Section 19. However, the said provision has not been complied with. The provision is mandatory. Hence, the learned J.M.F.C., Ponda could not have taken cognizance of the said offence. On this ground alone, the F.I.R. under Section 5 of the Act read with Rules 5 and 6 of Bio-Medical Waste Rules and the Charge Sheet filed for the said offence are liable to be quashed and set aside. 11. Sections 199, 269, 297, 336 and 447 of the I.P.C. read as under: “199. On this ground alone, the F.I.R. under Section 5 of the Act read with Rules 5 and 6 of Bio-Medical Waste Rules and the Charge Sheet filed for the said offence are liable to be quashed and set aside. 11. Sections 199, 269, 297, 336 and 447 of the I.P.C. read as under: “199. False statement made in declaration which is by law receivable as evidence – Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence. 269. Negligent act likely to spread infection of disease dangerous to life – Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 297. Trespassing on burial places, etc – Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulcher, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 336. 336. Act endangering life or personal safety of others – Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. 447. Punishment for criminal trespass – Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both. ” 12. The expression “whoever” used in the above Sections of I.P.C. cannot be held to mean “through anyone”. There cannot be vicarious liability insofar as the offences under the said Sections of I.P.C., are concerned. The prosecution has to establish that there was common intention shared by the petitioners, in terms of Section 34 of I.P.C.. A perusal of the complaint and other evidence on record clearly reveals that there is no evidence to suggest that there was common intention shared by the present petitioners, who are only the members of the Managing Committee of the Society running the said College. It is not the case of the prosecution that the petitioners had conspired with the other accused. None of the ingredients of the offences, for which Charge Sheet has been filed, are made out, as against the petitioners. In the complaint, none of the said offences have been spelt out against the petitioners. Be that as it may, the offences under the Sections of I.P.C. are intimately connected with the alleged offence under the Act and hence are consequential thereof, due to which, the learned J.M.F.C. cannot take cognizance. We are aware of the fact that the inherent power to interfere with the proceedings in relation to quashing of F.I.R, specially when Charge Sheet is filed, should be sparingly and cautiously used. However, the allegations made in the complaint do not at all make out a case and are inherently improbable, as against the petitioners. Hence, interference is called for, in order to prevent the miscarriage of justice. Therefore, the said F.I.R., Charge Sheet and consequently, the Criminal Case pending before the J.M.F.C., Ponda are bound to be quashed and set aside, qua the petitioners. 13. In the result, the petition is allowed. Hence, interference is called for, in order to prevent the miscarriage of justice. Therefore, the said F.I.R., Charge Sheet and consequently, the Criminal Case pending before the J.M.F.C., Ponda are bound to be quashed and set aside, qua the petitioners. 13. In the result, the petition is allowed. (a) The F.I.R. No. 169/2013, Charge Sheet no. 253/2013 and Criminal Case No. 1/S/IPC/2014/C are all quashed and set aside, qua the petitioners. (b) Rule is made absolute in the aforesaid terms. 14. The petition stands disposed of accordingly.