Single judge criminal revision application proceeding where the High Court allowed the applications, setting aside a discharge order and remanding the matter to the Additional Chief Metropolitan Magistrate to issue fresh notices and prosecute.
Discharge order set aside; matter remanded for fresh notice and prosecution.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLIATION NOS.248, 265 TO
303 OF 1997
Union Of India
Through S.S. Rathore,
Asstt. Commissioner of
Income Tax, TDS Circle ...Petitioner
Aayakar Bhavan,
(Ori.Complainant)
Maharshi Karve Road,
Mumbai:400 020.
V/s.
1.M/s.Gupta Builders
Private Limited, Shop
No.11, Bldg. No.2,
Shroff Market, Gokhale
Road(South),
Dadar, Mumbai:400 028.
2. Inderjit Sharma
(Add:as above)
3. Mrs.Prabha Inderjit Sharma
(Add:as above)
4. Smt.S. Sharma ...Respondents
(Resp.No.4 is deleted Orig.Accd.)
as per court's order
dt.18/07/03)
Shri.H.V. Mehta for the Petitioner.
None for the respondents.
CORAM : V.M. KANADE, J.
DATED : 08/12/2006
For the reasons separately recorded,
criminal applications are allowed. Order of
discharge passed by the Additional Chief
Metropolitan Magistrate, 47th Court, Esplanade,
Mumbai in all the cases so far as respondent
Nos.1 to 3 are concerned, is hereby set aside.
Matter is remanded back to the Additional
Chief Metropolitan Magistrate, who shall issue
fresh notice to respondent Nos.1 to 3 and
proceed to prosecute the respondents in
accordance with law. Criminal revision
applications are allowed in above terms.
V.M. KANADE J.
Union Of India Through S.S. Rathore as Assstt. Commissioner of Income Tax TDS Circle
M/s. Gupta Builders Private Limited
Inderjit Sharma
Mrs. Prabha Inderjit Sharma
Smt. S. Sharma
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court