Crl.p/101632/2015 Of M/S. Huggi Farm v. Income Tax Department

MANJANNA E Digitallysigned byMANJANNAE CRL.P No. 101632 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCHDATED THIS THE 3Q DAY OF MAY, 2022BEFORE THE HON'BLE MR JUSTICE V.SRISHANANDACRIMINAL PETITION NO. 101632 OF 2015 (482) BETWEEN: 1M/S. HUGGI FARMBADAMI ROAD, RON,DIST : GADAG ( A PARTNERSHIP FIRM REPT. BY ITS PARTNERS|JAGDEESHAPPA F. HUGGI AND SHIVANAND F.HUGGI)| 2DJAGADEESHAPPA F HUGGLAGE : 65 YEARS,OCC : PARTNER IN HUGGI FARMR/O : HUGGI FARM|BADAMI ROAD, RONDSIT : GADAG 3.SHIVANAND F.HUGGIL AGE : 64 YEARS,OCC : PARTNER IN HUGGI FARMR/O : HUGGI FARM|BADAMI ROAD, RONDSIT : GADAG PETITIONERS. (BY SRI. AS PATIL AND SRI SABEEL AHMED ,ADVOCATES) | AND: INCOME TAX DEPARTMENT(REPT. BY ITS INCOME TAX OFFICER,|WARD-2, GADAG) . RESPONDENT (BY SRI. Y V RAVIRAJ, ADVOCATE) CRL.P No. 101632 of 2015 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.COF SEEKING TO DIRECT THE LEARNED TRIAL COURT NOT TO)DISPOSE OF THE CRIMINAL CASE BEARING C.C. NO 129/2013|(OLD C.C. NO. 26/2009) IN THE COURT OF CIVIL JUDGE(SR.DN.) AND J.M.F.C., RON, TILL DISPOSAL OF THEAPPLICATION PENDING BEFORE THE COMMISSIONER OF)INCOME TAX, PANAJI. THIS PETITION COMING ON FOR ADMISSION THIS DAY,THE COURT MADE THE FOLLOWING: ORDER Learned counsel for the petitioners has filed a memo,|which reads as under: ‘It is submitted that, the prayer sought for bythe petitioners does not survive for consideration asthe competent authority accorded approval forcompounding the offences against the petitionersanda consequently Chief Commissioner of IncomeTax, Panaji directed respondent/complainant towitharaw the proceedings against the petitionersand accordingly the respondent/complainant nadfiled an application under Section 321 of Cr.P.C.before the Hon’ble trial Court and Hon’bie trialCourt was pleased to allow the application on14.01.7019andpermittedtherespondent/complainant to withdraw the complaintagainst petitioners and acquitted the petitioners in CRL.P No. 101632 of 2015 C.C.No.7/76/2018 on the file of Civil Judge SeniorDivision and CJM, Ron (old C.C.No.26/2009 on thefile of Civil Juage Jr.Division and JMFC, Ron andC.C.No.129/2013 on the file of Civil Judge SeniorDivision and CJM, Ron). The copy of the application and order dated14.01.2019 is furnished along with this memo forkind perusal of this Hon'ble Court. Hence this memo and same may kindly betaken on record to meet tne ends ofjustice.” Memo recorded. In view of the memo, the petition is) dismissed as withdrawn. CLK| Sd/-|JUDGE|