Allahabad HC Stays Trial Proceedings Against Reliance Bio Energy Over CAAQM Act Summoning

The Allahabad High Court has stayed complaint proceedings against Reliance Bio Energy Limited before the Chief Judicial Magistrate, Hapur, after the company deposited the full penalty and was permitted to resume operations.

Justice Deepak Verma, sitting singly at the High Court of Judicature at Allahabad, has stayed all further proceedings in Complaint Case No. 5087 of 2025 (State of U.P. vs. Reliance Bio Energy Pvt. Limited) pending before the Chief Judicial Magistrate, Hapur. The stay operates until the next date of listing. The complaint had led to a summoning order dated 1 April 2025 directing Reliance Bio Energy Limited to face trial under Section 14(2) of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 (CAAQM Act). The company, a fully owned subsidiary of Reliance Industries Limited, moved the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the entire complaint proceeding and the summoning order. The court found the matter required consideration and granted the interim stay on 15 May 2026.

The Complaint and Summoning Before CJM Hapur

The complaint was lodged by the opposite party no. 2 which is the regulatory authority at Police Station Hafizpur, District Hapur. It resulted in Complaint Case No. 5087 of 2025 being registered against Reliance Bio Energy Pvt. Limited. The Chief Judicial Magistrate, Hapur, passed the summoning order on 1 April 2025, calling upon the company to face trial under Section 14(2) of the CAAQM Act, 2021.

Section 14(2) of the CAAQM Act, 2021 deals with penal consequences for contraventions of directions or orders issued under that statute. The Act governs air quality management in the National Capital Region and adjoining areas, and the complaint arose from an inspection of the company's unit.

What the Applicant Placed Before the High Court

Mr. Swetashwa Agarwal, Senior Counsel, assisted by Mr. Namman Rajvanshi, appeared for the applicant. The core submission was that the opposite party no. 2 had inspected the unit and imposed an environment compensation of Rs. 2,70,000. The company deposited the entire penalty amount into the account of the Uttar Pradesh Pollution Control Board (UPPCB).

Following that deposit, the opposite party no. 2 itself passed an order dated 23 July 2024 permitting the applicant to run the unit, subject to strict compliance with orders and directions issued from time to time. Counsel argued that despite this clearance, the complaint was lodged with malicious intention.

The applicant's position, in short, was that once the penalty was paid in full and the regulatory authority had itself allowed the unit to resume operations, the subsequent complaint before the CJM was not maintainable.

The Court's Prima Facie View

Justice Deepak Verma recorded that “matter requires consideration”, the standard formulation used by the Allahabad High Court when a petition discloses a prima facie case warranting examination. This finding was sufficient to trigger the interim stay of the complaint proceedings.

The court did not record detailed reasons at this stage, as is typical of interim orders in quashing petitions. The stay will hold until the matter is next listed, by which time the opposite parties are required to file their responses.

Directions Issued

The court issued notice to opposite party no. 2, returnable at an early date. Notice on behalf of opposite party no. 1, the State of U.P., was accepted by the learned Additional Government Advocate. Opposite parties were directed to file counter affidavits within six weeks. The applicant was granted two weeks thereafter to file a rejoinder affidavit.

The stay of proceedings in Complaint Case No. 5087 of 2025 before the CJM, Hapur, under Section 14(2) of the CAAQM Act, 2021, operates until the next date of listing.

Outcome

Application U/S 528 BNSS No. 19102 of 2026 was admitted for hearing. All further proceedings against the applicant in Complaint Case No. 5087 of 2025 at Police Station Hafizpur, District Hapur, stand stayed as of 15 May 2026. The matter is listed for hearing after the exchange of affidavits.