Wp/605/2013 Of Umesh Nandlal Shahu v. Assistant Commissioner Of Income Tax, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH : NAGPUR. Criminal Writ Petition No.605/2013 (Umesh Mandal Shahu .vs. Assistant Commissioner of Income Tax, Nagpur)with Criminal Writ Petition No.607/2013 (Mahesh s/o Lalaiprasad Shahu .vs. Assistant Commissioner of Income Tax, Nagpur) with Criminal Writ Petition No.608/2013 (M/s Shahu Sons, through its Proprietor .vs. Assistant Commissioner of Income Tax, Nagpur) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances, Court's orders or directions Court's or Judge's orders.and Registrar's orders Mr. S.N. Bhattad, Advocate for Petitioners CORAM : P.D.KODE, J.DATED : DECEMBER 11, 2013 1.Heard. 2.The learned counsel for the petitioners seeks leave to withdraw the petitions with a request of giving appropriate direction regarding observations made by the Court of Session in order impugned while dismissing the applications for revision preferred by petitioners for assailing order of process issued by trial Court. 3.Considering the purpose for which said observations pointed regarding the burden of proof upon the petitioners were made by the Court of Session, i.e. predominantly for examining legality, correctness of an order of issue of process issued, request deserves consideration. 4.Thepetitions stand disposed of as withdrawn with a direction to the trial Court to decide the proceedings before it in accordance with the law and uninfluenced by the observations made by the Court of Session at interim stage for limited purpose of examining legality, propriety and correctness of order of issuing process assailed in the applications in revision preferred. JUDGE halwai