Crl.p/7391/2018 Of M/S Kaveri Telecom Infrastructure Ltd v. The Income Tax Department

Digitallysigned byLAKSHMI TLocation:High Courtof Karnataka IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26 DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA CRIMINAL PETITION NO. 7391 OF 2018 BETWEEN: 1. M/S KAVERI TELECOM INFRASTRUCTURE LTD NO.31-36, 1ST FLOOR, 1ST MAIN, 2ND STAGE, AREKERE, MICO LAYOUT, BANNERGHATTA ROAD, BENGALURU-560076 REPRESENTED BY ITS DIRECTOR SRI. SHIVAKUMAR REDDY NO.31-36, 1ST FLOOR, 1ST MAIN, 2ND STAGE, AREKERE, MICO LAYOUT, BANNERGHATTA ROAD, BENGALURU-560076 REPRESENTED BY ITS DIRECTOR SRI. SHIVAKUMAR REDDY 2. SRI. SHIVAKUMAR REDDY S/O LATE CHANNA REDDY, AGED ABOUT 56 YEAS, DIRECTOR M/S KAVERI TELECOM INFRASTRUCTURE LTD., NO.31-36, 1ST FLOOR, 1ST MAIN, 2ND STAGE, AREKERE, MICO LAYOUT, BANNERGHATTA ROAD, BENGALURU-560076 …PETITIONERS S/O LATE CHANNA REDDY, AGED ABOUT 56 YEAS, DIRECTOR M/S KAVERI TELECOM INFRASTRUCTURE LTD., NO.31-36, 1ST FLOOR, 1ST MAIN, 2ND STAGE, AREKERE, MICO LAYOUT, BANNERGHATTA ROAD, BENGALURU-560076 …PETITIONERS (BY SRI. SATYANARAYANA S CHALKE .,ADVOCATE) AND: 1. THE INCOME TAX DEPARTMENT BY ITS ASST. COMMISSIONER OF INCOME TAX (TDS) CIRCLE-2(1), HMT BHAVAN, NO.59, BELLARY ROAD, BENGALURU-32 BY ITS ASST. COMMISSIONER OF INCOME TAX (TDS) CIRCLE-2(1), HMT BHAVAN, NO.59, BELLARY ROAD, BENGALURU-32 REPRESENTED BY THE ASST. COMMISSIONER OF INCOME TAX (TDS) CIRCLE-2(1), BENGALURU SRI. NABEEL AHMED SAAD …RESPONDENT (BY SRI. SUSHAL TIWARI N., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 02.04.2018 IN C.C.NO.74/2018 DIRECTING THE REGISTRATION OF A CRIMINAL CASE AGAINST THE PETITIONERS FOR OFFENCES WHICH ARE MADE PENAL UNDER SEC.276B R/W 278B OF THE INCOME TAX ACT, 1961; AND ORDERING PROCESS AGAINST THEM FOR THEIR APPEARANCE IN THE CASE BEFORE THE COURT AND FURTHER BE PLEASED TO QUASH THE PROCEEDINGS THAT ARE BEING RECORDED IN THE CASE. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. Learned counsel for the petitioner seeks permission to withdraw the petition and seeks liberty to raise his contentions that are raised in this petition before the Trial Court. - 3 - 2. This petition is thus dismissed reserving liberty to the petitioner to raise his contentions before the Trial Court. SD/- JUDGE HB List No.: 1 Sl No.: 13