In View Of The Submissions Made By Learned Counsel For Theapplicant, The Prayer, So Far As It Relates To Seeking Quashing Ofthe Proceedings As Well As Summoning v. State Of U.p. Reported In 2004(57) Alr 290 As Well As Judgement Passed By Hon'ble Apexcourt Reported In 2009 (3) Adj 322 (Sc) Lal Kamlendrapratap Singh Vs. Stat
High Court
06 Jan 2021 In favour of: Unclear
Forum / Bench
High Court · cisdb_16012018
Parties
In View Of The Submissions Made By Learned Counsel For Theapplicant, The Prayer, So Far As It Relates To Seeking Quashing Ofthe Proceedings As Well As Summoning v. State Of U.p. Reported In 2004(57) Alr 290 As Well As Judgement Passed By Hon'ble Apexcourt Reported In 2009 (3) Adj 322 (Sc) Lal Kamlendrapratap Singh Vs. Stat
Date of order
06 Jan 2021
Assessment year(s)
—
Outcome
Other
Case summary
In In View Of The Submissions Made By Learned Counsel For Theapplicant, The Prayer, So Far As It Relates To Seeking Quashing Ofthe Proceedings As Well As Summoning v. State Of U.p. Reported In 2004(57) Alr 290 As Well As Judgement Passed By Hon'ble Apexcourt Reported In 2009 (3) Adj 322 (Sc) Lal Kamlendrapratap Singh Vs. Stat, the High Court (2021) decided the matter under Section 276C of the Income-tax Act.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
Case :- APPLICATION U/S 482 No. - 18444 of 2020
Applicant :- RamendraOpposite Party :- Principal Commissioner Of Income Tax(Central Circle) And 4 OthersCounsel for Applicant :- Kapil TyagiCounsel for Opposite Party :- G.A.,Gaurav Mahajan,S.S.C.(Bharatji Agrawal)
Hon'ble Vivek Varma,J.
Heard Sri Rajendra Kumar Panigrahi, Advocate assisted by SriKapil Tyagi, learned counsel for the applicant, Sri GauravMahajan, learned counsel for the opposite party nos. 1 to 3 andMs. Seema Shukla, learned Additional Government Advocatefor the State/opposite party no.4 and perused the record.
This application under Section 482 Cr.P.C. has been filedseeking following relief:
"It is therefore most respectfully prayed that this Hon'ble Court may bepleased to quash the Criminal Complaint No. 3071/2018, arose out ofComplaint No. 1592/9 of 2018 of dated 18.05.2018, as well ascognizance/summoning order dated 18.05.2018 to 14.09.2020 passed byLearned Spl. Chief Judicial Magistrate, District: Meerut under section276C (2) r.w.s. 278 E of I.T.Act, pending disposal before Learned Spl.Chief Judicial Magistrate, District: Meerut."
At the very out-set learned counsel appearing on behalf of theapplicant submits that he does not want to press the principalprayers made in this application. He is ready to submit to thejurisdiction of the court, seek bail and accept all the conditionswhich this Court may deem fit to impose upon him. The onlyprayer made by learned counsel for the applicant is forexpeditious disposal of his bail application.
In view of the submissions made by learned counsel for theapplicant, the prayer, so far as it relates to seeking quashing ofthe proceedings as well as summoning order, stands refused.
However, it is directed that if the applicant appears andsurrenders before the court below within 30 days from todayand applies for bail, his prayer for bail shall be considered anddecided in view of the settled law laid by this Court in the caseof Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 290 as well as judgement passed by Hon'ble ApexCourt reported in 2009 (3) ADJ 322 (SC) Lal KamlendraPratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall betaken against the applicant. However, in case, the applicantdoes not appear before the Court below within the aforesaidperiod, coercive action shall be taken against him.
It is made clear that no application seeking extension of timeshall be entertained if this order is not complied with within theaforesaid period.
With the aforesaid observations and directions, this applicationunder Section 482 Cr.P.C. is finally disposed of.
Order Date :- 6.1.2021Lbm/-
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