Disposed

Lajwant Kaur and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC21 Jan 2011CRM-M/18332/2009

Case brief

AI extract

What is this about?

Petitioners sought initiation of high-level enquiry under Section 482 Cr.P.C. The Court held the petition infructuous as a challan was already filed. Regarding pending tax inquiry, respondents were directed to reply to notice within one month and submit a final report within three months to proceed with further action.

What did the court decide?

Petition rendered infructuous; Respondent No.4 directed to reply to tax notice within one month and investigation to conclude within three months.

Lajwant Kaur and Ors. Vs State of Punjab and Ors. — Income Tax | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. M. No.18332-M of 2009 (O&M) Date of Decision:21.1.2011

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Lajwant Kaur and others

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.... Petitioners

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Versus

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State of Punjab and others

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.... Respondents

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CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mr. Girish Agnihotri, Sr. Advocate with Ms. B. Jeet Sheoran, Advocate for the petitioners. Mr. S.S. Dhaliwal, Addl. A.G. Punjab. Mr. G.S. Thind, Advocate for respondent No.6. Mr. Tejinderpal Joshi, Advocate for respondent No.7.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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The present petition under Section 482 Cr.P.C. praying for initiating high level enquiry through senior officers out of whom atleast one should be at the level of Superintendent of Police.

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Reply has been filed by the State. As per the reply, the investigation is complete and the challan has already been filed against accused-respondents No.4 and 5.

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In view of the fact that challan has already been filed against accused person, the present petition is rendered infructuous to that extent.

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However, reply has also been filed by respondent No.7 wherein it is stated in para 5 that notice was sent under Section 142(1) to respondent No.4 and that reply to that notice was awaited and only after receiving reply to that notice due action as per provisions of the Income Tax Act would be taken.

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Crl. M. No.18332-M of 2009 -2-

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In view of the reply filed on behalf of respondent No.7, respondent No.4 is directed to file reply to the said notice within a month from today. Thereafter, the Income Tax Department shall, accordingly, complete the investigation within 3 months and submit its final report and take necessary action in pursuance to the same in accordance with law, if need be.

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The present petition is disposed of with the above said observations.

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However, learned counsel for the petitioners states that in view of the fact that the challan has been filed and income tax inquiry is pending, proceedings under Section 138 of the Negotiable Instruments Act should be stayed. However, earlier application filed by him with the same prayer was disposed of as not pressed at that stage.

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Accordingly, the petitioners are at liberty to file separate petition or avail alternative remedy in accordance with law for the said relief.

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21.1.2011 rajeev

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( NIRMALJIT KAUR ) JUDGE

Lajwant Kaur and Ors. v. State of Punjab and Ors.

Case brief

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Lajwant Kaur and Ors. v. State of Punjab and Ors.

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