Crlp/7965/2024 Of M/S Taksheel Solutions Limited v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY .THE SEVENTH DAY OF AUGUSTTWO IHOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 7965 OF 2024 Between: 1. M/s Taksheel Solutions Limited,, Having its office at B-2-5O2l1tAG,ll Floor,Uma, Aishwarya House, Road No. T, Banjara Hills, Hyderabad. Representedby its Director.Uma, Aishwarya House, Road No. T, Banjara Hills, Hyderabad. Representedby its Director. 2. NIr. Pavan Kumar Kuchana, Age: 54 year.,Occ: businessFlat No 302, IDEAHeaven Apartments, Road No.7,Age 54, Ban.jara Hills, Hyderabad - 500034.Heaven Apartments, Road No.7,Age 54, Ban.jara Hills, Hyderabad - 500034. ...PETITIONER/ACCUSED NO.,I & 2 AND The Deputy Commissioner of lncome Tax,, Circle 2(1), sth Floor, SignatureTowers, Kondapur, Hyderabad, Rep by its Spl Public Prosecutor, High Courtat ...RESPONDENT/COMPLAINANTHyderabad Petition under Section4B2 o'f Cr.P.C , praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to pass an order quashing the order dated.19/06/2024,passed inCrl. M.P No.166 of 2024 in CC.No.209 of 2016, on the file of the Special Judgefor Economic Offences, at Hyderabad and consequentially re-open and recall theProsecution witnesses for cross-examining on behalf of the Petitioners/AccusedNo.1 represented by Accused No.2. l.A. NO: 1 OF 2024 Petition under Section 482 of Cr.P.C.,praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to stay all the further proceedings against the Petitioner herein/Accused No.2 in CC No. 209 of 2016, on the file of Hon'ble Court of the Specialstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to stay all the further proceedings against the Petitioner herein/Accused No.2 in CC No. 209 of 2016, on the file of Hon'ble Court of the SpecialJudge for Economic Offences, at Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments ofSri SATHAKARNI K., Advocate for the Petitioner and the Public Prosecutor (TG)on behalf of the Respondent The Court made the following: ORDER 4. Considering the submission [of the ][learned ][counsel for]the petitioners, to [give ][fair ][opportunity ][to ][the ][petitioners, this]Court is inclined to allow [the ][petition ][on ][payment ][of ][batta ][to]P.W. 1 by the [petitioners.] 5. Accordingly, the Criminal [Petition ][is ][allowed ][setting]aside the order of the trial [Court dated ][19.06.2024 in]Crl.M.P.No.166 of 2024 in [C.C.No.2O9 ][of ][2016. ][Consequently,]Crl.M.P.No. 166 of 2024 tn [C.C.No.209 ][of ][2016 stands ][allowed']The trial Court is directed [to ][permit ][the ][petitioners ][to]cross-examine P.W. I and [the ][petitioners ][are ][directed ][to ][pay]batta to P.W. 1. However, [the ][petitioners ][are directed ][to ][cross-]examine P.W. 1 on the date [fixed ][by ][the ][trial ][Court ][without]seeking any further adjournment, [otherwise ][the ][petition ][stands]dismissed. Miscellaneous applications, if [any ][pending, ][shall ][also]stand closed. Sd/- P. PADMANABHA ASSISTANREGISTRARVllrtu5; [anYT]AI oPFlceP- -J---it Court of Special [Judge ][for ][Economic ][Offences ][at Nampally,Hyderabad]Court of Special [Judge ][for ][Economic ][Offences ][at Nampally,Hyderabad]" 2.TheDeputyCommissioneroflncomeTax,,Circle2(1)'sthFloor'SignatureTowers, K6ndaPur, [HYderabad]Towers, K6ndaPur, [HYderabad]3TwoCCstoPublicProsecutor,HighCourtfortheStateofTelanganaatHYderabadIOUT]HYderabadIOUT] 4 One CC to SRI. SATHAKARNI [Advocate ] 5. Two CD CoPies \'r \'r / HIGH COURTDATED:0710812024 111iia(,.)3 0 0E[ 202{oORDERrSICRLP.No.7965 of 2024 of's Fcd-lALLOWING THE CRIMINAL PETITIONb-\\o\v{