Wp/26031/2005 Of B.sadasiva v. The Assistant Commissioner Of Income Tax Central

AND THE HON’BLE SRI JUSTICE P.SWAROOP REDDY TAKEN UP WRIT PETITION NO.26031 OF 2005 Dated: 05[th] June, 2006 Between: B.Sadasiva, S/o.Late Ramaiah, UPT No.3500, Central Prison, Bangalore And … Petitioner 1. The Assistant Commissioner of Income TaxCentral Circle – I, Hyderabad, and 3 othersCentral Circle – I, Hyderabad, and 3 others … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE P.SWAROOP REDDY TAKEN UP WRIT PETITION NO.26031 OF 2005 ORAL ORDER:(per the Hon’ble Sri Justice D.S.R.Varma) The present Writ Petition is taken up on the petition made by one B.Sadasiva,Under Trial Prisoner No.3500, Central Prison, Bangalore, to the Hon’ble theChief Justice of Andhra Pradesh High Court. 2. The grievance of the petitioner appears to be that, for certainviolations of the Income Tax Laws, he was arrested and imprisoned as ‘Under Trial Prisoner’ in connection with the alleged “Stamps Scam”. It also furtherappears to be that C.C.No.2 of 2004 on the file of I Additional MetropolitanSessions Judge-cum-Special Court under the A.P. Control of Organised CrimeAct, 2001, Hyderabad, is also pending in which the petitioner was figured asaccused No.12. It is the further averment that further proceedings ofprosecution against the petitioner are also going to be launched. 3. At the outset, we are of the view that this petition cannot bemaintained for the simple reason that the petitioner is in jail as ‘Under TrialPrisoner’ in connection with “Stamps Scam” and a detailed investigation isunder progress and the Income Tax Authorities also have been trying toproceed against the petitioner basing on his Bank Accounts. When these arethe admitted facts, the interference of this Court, at the instance of thepetitioner, is holly unjustifiable and uncalled for. Obviously the petition has beenmade only in order to obviate or postpone the legal proceedings that are likelyto be initiated against him. 4. For the foregoing, the writ petition fails and is liable to be dismissed. 5. Accordingly, the Writ Petition is dismissed. However, there shall be noorder as to costs. ___________________ D.S.R.VARMA, J 05[th] June, 2006.Ak/Krk ___________________ P.SWAROOP REDDY, J THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE P.SWAROOP REDDY TAKEN UP WRIT PETITION NO.26031 OF 2005 (Order of the Division Bench delivered by the Hon’ble Sri Justice D.S.R.Varma) 05[th] June, 2006.