Dismissed

M/s Cubex Tubings Limited, v. The Assistant Commissioner (Legal and Prosecution)

Telangana HC11 Jul 2024CRLP/1550/2024

Case brief

AI extract

What is this about?

High Court heard a Criminal Petition under Section 482 Cr.P.C. for quashing prosecution proceedings. Petitioners sought permission to withdraw the petition, which was granted, and the criminal petition was dismissed as withdrawn.

What did the court decide?

Permission to withdraw the criminal petition accorded; petition dismissed as withdrawn with liberty to file a fresh petition.

M/s Cubex Tubings Limited, Vs The Assistant… — Criminal Trial and Appeal | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K, SUJANA

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CRIMINAL PETITION NO: 1550 OF 2024

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Between:

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M/s Cubex Tubings Limited, having its factory situated at Sy.N0.464 and 482, Near lDA, Patancheru, Sangareddy District, Telangana State, rep. by its Managing Director Pushpraj Bhandari Sio Sri Surajmal Bhandari, Age. 66 years, Rl/o Hyderabad.

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Pushpraj Bhandari, S/o Sri Surajmal Bhandari, Age. 66 years, Managing Director of I//s Cubex Tubings Ltd., Sy.NO. 464, 482, Near lDA, Patancheru, Sangareddy District, Telangana State.

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Umraomal Bhandari, Sio Sri Surajmal Bhandari, Age. 69 years, Executive Director of Mis Cubex Tubings Ltd., Sy.NO. 464, 482, Near [DA, Patancheru, Sangareddy District, Telangana State.

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Surendra Prakash Bhandari, S/o Umraomal Bhandari, Age. 48 years, Chief Executive, M/s Cubex Tubings Ltd., Sy.NO. 464, 482, Near lDA, Patancheru, Sangareddy District, Telangana State.

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Virendra Bhandari, S/o Puspraj Bhandari, Age. 38 years, Chief Executive, I\rlls Cubex Tubings Ltd., Sy.NO. 464, 482, Near lDA, Patancheru, Sangareddy District, Telangana State.

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...Petitioner/Accused No.1 to 5

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AND

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The Assistant Commissioner (Legal and Prosecution), Customs, Central Excise and Service Tax, Hyderabad-l Commissionerate, Hyderabad- 500 001, Rep. by its Spl. Public Prosecutor, Customs and Central Excise, High Court of Telangana, Hyderabad.

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...Respondent

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass an order quashing C.C.13212017 on the file of the Special Judge for Economic Offences, at Hyderabad.

l.A. NO: 1OF 2024

Petition under Section 482 of Cr P.C^{praying that in the circumstances} stated in the Memorandum of Grounds of Criminal^{Petition, the High Court maybe} pleased to stay all further proceedings including the personal appearance of the Petitioners/Accused 1 to 5 in C.C. 132t2017 on the^{file of the Special Judge for} Economic Offences, at Hyderabad,^pending disposal^{of the main CriminalPetition.}

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This Petition coming en for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing^{the argumentsof Sri M.V.S.Prasad,} Advocate for Petitioners and Sri Dominic Fernandes,^Senioe Standing Counsel^for CBIC on behalf of the Respondent.

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.l 55O of 2024

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ORDER:

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The Criminal^petition is filed to quash the proceedings that are pending against the petitioners in C.C.No. I 32 of 2OlZ on the file of the leamed Special Judge for Economic Offences at Hyderabad.

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Sri M.V.S.Prasad, learned counsel for the pelitioners and Sri Dominic Fernandes, Iearned Senior Standing Counsel for CBIC for respondent.

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Learned counsel for the petitioners seeks permission of this Court to withdraw the present Criminal petition.

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Permission, as prayed for, is accorded.

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Accordingly, this Criminal petition is dismissed as withdrawn with a liberty to file a fresh pedtion.

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As a sequel, the miscellaneous petitions, if any, pending

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in the Criminal^peti tion sh"U stand closed

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To,

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//TRUE COPYII

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SD/. V KAVITHA. ASSISTANT REGISTRAR: / ({

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SECTION OFFICER

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'l . One CC to Sri M.V.S.prasad, Advocate [OPUC]

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Two CCs to the Dominic Fernandes (senior standing counsel for CBIC) 3. Two CD Copies

svs

HIGH COURT

DATED:1 110712024

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ORDER

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CRLP.No.1550 of 2024

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DISMISSING THE CRLP AS WITHDRAWN

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5

M/s Cubex Tubings Limited, v. The Assistant Commissioner (Legal and Prosecution)

Case brief

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M/s Cubex Tubings Limited, v. The Assistant Commissioner (Legal and Prosecution)

Case brief

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